2002-06-03 Construction Performance BondDocument 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. Box 9
Albertville, MN 55301-0009
SURETY (Name and Principal Place of Business):
Granite Re, Inc.
P.O. Box 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
Company: R stad Co t'o
aiz
Signature:
Name and Title:
Duane H. Rolstad, Owner
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
SURETY
(Corp. Seal) Company: Granite �, . Inc. (Corp. Seal)
Signature:
Name and Titl nathan Pate, Attorney —in —Fact
SURETY
(Corp. Seal) Company:
Signature:
Name and Title:
(Corp. Seal)
EJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of The Surety Association of America, Engineers'loint Contract Documents Committee, The Associated General Contractors of America, and
the American Institute of Architects.
00611-1
1. The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Construction Contract, which is incorporated herein by
reference.
2. if the .Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
:onferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond shall arise
after:
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.
L 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
fter receipt of an additional written notice for the Owner to the Surety
emanding that the Surety perform its obligations under this Bond, and the
twner 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
ayment tendered or the Surety has denied liability, in whole or in part, without
rrther notice the Owner shall be entitled to enforce any remedy available to the
twner.
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 fonforming 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.
Address1276 So. Robert St., est St. Paul, MN
Phone: (651) 457-6842 55118
00611-2
INDIVIDUAL ACKNOWLEDGEMENT
TATE OF
:OtJNTY OF GU f )
the day of J U/:�_ 20_ before me, a Notary Public within and for said county, personally appeared
-On
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.
Notarial Seal)
Notary Public,
County, Wi
My Commission Expires:
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
:rows 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
if 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 , 2002 before me, appe�
)ersonally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or att
hat the seal affixed to the foregoing instrument is the corporate seal of said corporation, and
;aid corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesai
ind deed of said corporation.
WANDA LEE ESPE
_ Notary Public
Minnesota
"§'}y My Commission Expires Jan. 31, 2005
Notarial Seal)
County,
Jonathan Pate , to to me
�y in fact of the Granite Re, Im• , a corporation;
said instrumeratwas ianed nd sealed in behalf of
Notary Public, Ramsey
My Commission Expires:
1/31/05
it to be the free act
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'h day of May, 1998.
REms"
o I .
s E a L R. Darryl Fisher, ' e President
STATE OF OKLAHOMA
SS:
COUNTY OF OKLAHOMA ) Rod n 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
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
SEAL
.�„ « dman 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, MN 55301-0009
SURETY (Name and Principal Place of Business):
Granite Re, Inc.
P.O. Box 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: lstad C t ti (Corp. Seal) Company: Grant w Re, Inc. (Corp. Seal)
Signature: Signature:
Name and Title: Name and Ti Jonathan 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. 1910-28B (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
r-
.. The Contractor and the Surety, jointly and severally, bind themselves,
heir heirs, executors, administrators, successors and assigns to the Owner to
ray for labor, materials and equipment furnished for use in the performance
Pf the Construction Contract, which is incorporated herein by reference.
:. With respect to the Owner, this obligation shall be null and void if the
:ontractor:
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
,ontractor 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 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.
If a notice required by Paragraph 4 is given by the Owner to the
'ontractor or to the Surety, that is sufficient compliance.
. When the Claimant has satisfied the conditions of Paragraph 4, the
urety 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,
id the amount of this Bond shall be credited for any payments made in good
ith by the Surety.
Amounts owed by the Owner to the Contractor under the Construction
ontract shall be used for the performance of the Construction Contract and
satisfy claims, if any, under any Construction Performance Bond. By the
ontractor furnishing and the Owner accepting this Bond, they agree that all
OWNER'S 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. 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 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, 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, 14N
Phone: (651) 457-6842 55118
00613-2
INDIVIDUAL ACKNOWLEDGEMENT
TATE OF 1� )
�I , )SS
;OUNTY OF W 1` 4 a )
On the ay of 20 ' dbefore me, a Notary Public within and for said county, personally appeared
�Q..i , 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. J-1
J. pYCF ROLSTAD
NATARY�Sxore�
PUBLIC MINNE20
gs. 2005
WYomm
County, j1'�
My Commission Expires: 11 --' 1 l Q
Notarial Sea[)
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
:rows 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
On the 3rd day of June , 2002 before me, appears
>ersonally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or atto
hat the seal affixed to the foregoing instrument is the corporate seal of said corporation, and t'
;aid corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid
ind deed of said corporation. ,
r WANDA LEE ESPE
County,
Jonathan Pate , to to me
y in fact of the Granite Re, Inc• , a corporation;
said instrume si ed a od sealed in behalf of
icer acknowl dged said i ent to be the free act
Notary Public Notary Public, Ramsey
Minnesota
y My Commission Expires Jan, 31, 2005
My Commission Expires:
Notarial Seal)
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.
M
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 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.
A(
My Commission Expires:
—A
May 9, 2004
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 E
ae
SEAL
,,.�Rodman A. Frates, Secretary/Treasurer