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HomeMy WebLinkAbout20022089.tiff THE LINDEN CO. 19702291398 06/24 '02 16:28 N0.763 01/01 At-14111 tetit I trIUA I t ur LIAIUILI I Y INSURANCt,IN °'06/24 0 t0 1 06/24/02 PRODUCER THIS CERTIFICATE 16 ISSUED AS A MATTER OF I FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Linden/cartels C Moo Agency GR HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 3459 N 20th Street Suite 224 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greeley CO 80634 Phone: 970-356-1133 Pax:970-356-4088 INSURERS AFFORDING COVERAGE POURED IN8URIJ A: Ohio Casualty Group IMPRESS. Pinnacol Assurance Fla coat halt $ cialists INSURER C. p3 q ._ ......_ Wan sornCOa 55ODr1V■ INSURER 0; I INSURER F: COVERAGES THE POLICE[OF NS RANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIC POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REOLNEMEN r.,ERM OR CONDITION OF AMY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE SEEN RECUCED 8Y PAID R CLANS. {�[' TEpPa L tOP INSURANCE POLICY NUMBER ��W MITICanMyi DA 'TIGA' RATS EACH GENERAL LIABILITY nrrIJPMFMOE $1,000,000 A I E I COMMERCIALOENFNAL LIASLIY 52730892 03/03/02 03/03/03 FIFE:DAMAGE(Any RN 6100 000 :J CLAIMS MADE l X I OCCUR �- pa(Pow Pn.ova° .551.000 JI PERIONAL&AIN INJURY $i,0000000 .. _. __ GENERAL AGGREGATE 62,000,000 f:ENL AGGREGATE LIMIT APPLIES PER; i _.. PRODIIDrs•C0IAPIOPAGO 62,000,000...._ i IFODCY AIM nLOC . I AUTOMOBILE LIABILITY COMBINED SINGLE LIST [500 000 A X ANY AUTO 52730892 03/03/02 03/03/03 (Enamel) ' I ALL OWNED AUTOS ...`. BODLYINJUXY I SCHEDULED AUTOS RM pfFOnl X HIRED AUTOS EMILY INJURY X I NON-OWNED AUTOS P'W IaMtlnl I II II I PROPERTY DAMAGE . ill AIAGILWILITY (AUTO ONLY.EA ACCIDENT $ -ANY AUTO OTHER THAN IAACC 'I AUTO ONLY: AGO!S I mass LWILITY I 1MCH OCCURRENCE tf j OCCUR CLAIMS MADE AGGREGATE F$ _. 1 r f II DEwcnBIE $ RETENTION $ I $ IEMPLOYERSKERS 'LusalNSATIOM AND SID7D=A X I TOlll''I I1[TA! Lug: Ma 05/26/02 06/01/03 E.L.EADHAccIENT 1100,000 E.L.DISEASE.EA EMPLOYEE 1100,000 etNsuABE-POLICY war 1500,000 OTHER , DESCRIPTION OF OPERATIOLOCATION$NNMICLEL NEXCLLEN S A°OED IV INOORlENENrjtPECIAL PROVISIONS NLY CERTIFICATE HOLDER IN i ADInowAL INSURED:INSURER Lena: CANCELLATION WELD SHOULD ANY OP THE ABOVE MEGRIM POLICES se DANCE1.W BEFORE THE EXPIRATION DATE NEWF.THE ISSUING INSURER FALL BNDIAVOR TO ass. 10 DAYS WRITTEN Weld County NOTICE TO THE CERTIFICATE MOLDER NAFIBIOT0 THE LEFT,BUT FAILURE TO DO PO SHALL Attn: Pat Peraichino, Director of General Services LOCATION OR LIABILITY OF ANY POND UPON THE INSURER,ITS AGENTS OR P 0 800 758 /w TNEs.I 54esti,.... Greeley CO 80632 Dean • Mover. Ch (7197)ACORD 754 ®AGGRO CORPORATION HMS ( 417a 1 4844 2002-2089 8-5-0WD_, GRCO10072C THE AMERICAN INSTITUTE OF ARCHITECTS • �r�IC AIA Document A312 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): Flat Coat Asphalt Specialists,LLC Granite Re,Inc. 6001 A Innovation Circle PO Box 20683 Windsor,CO 80550 Oklahoma City,Oklahoma 73156 OWNER (Name and Address): Board of Weld County Commissioners,Purchasing Division 915 10th Street Greeley,CO 80631 CONSTRUCTION CONTRACT Date: 07/10/2002 Amount: $33,394.00 Description (Name and Location): 2002-Seal Coat Project Repair/Replace Asphalt Weld County Colorado BOND Date (Not earlier than Construction Contract Date): 2002-07-25 Amount: $33,394.00 Modifications to this Bond: O None ❑ See Page 3 CONTRACTOR PRINCIPAL SURETY Company;--'iii t Asphalt Specialists,LW (Cor rate Seal) Company: Granite Re,Inc. (Corporate Seal) Signature: Signature: i Name and itlentreoAr ^'6 01•4w..br,C Name and Title: Erick Schmidt Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Rocky Mountain Surety,Inc. (not provided) • 35715 US HWY 40,Suite D203 Evergreen,CO 80439 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING•MARCH 1987 GRCO10072C 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- r successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 31 Owner has notified the and the this Bond,and the Owner shall be entitled to enforce any The its address describedid ie Contractor 10 below remedy available to the Owner. If the Surety proceeds as Pprovided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right a tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall . such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 Owner declared a Contractor and Owner to the Surety shall not be greater than those of the 3.2 The terminatedOwnhas the Contractor's a Contractor Default ao td Owner under the Construction Contract.To the limit of the forthe contract. Such Contractor Default shall not be de- amount of ot this Bond,of thbut Contract nct to commitment by the dared earlier than twenty days after the Contractor and cosOwner the damages ag on the the Price Coontract, mitigation the Su of Surety have received notice as provided in Sub- ty is obligated without theCocationfonContract,theSure- paragraph 3.1; and ty is duplication for: 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract inaccor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 4.2 Undertake to perform and the Construc- 7 The Surety shall not be liable to the Owner or others for 4.2 UndeContrrtake ct through complete throw h - obligations of the Contractor that are unrelated to the Con- g g g struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on -- qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a lions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- MA DOCUMENT PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED. •AIA II THE AMERICAN I TE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING• RCH 1967 GRCO10072C able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, n be mailed or delivered to the address shown on the sig- behalf by all Contractor d aac proper under the Construction n made to or o Con- nature page. behalf of the the tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has Con- 12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the payable lab the Owner Contract o the Contractor u r the tractor as required by the Construction Contract or to perform and complete or comply with the other terms Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS thereof. TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1904 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 GRCO10072O THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment 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): Flat Coat Asphalt Specialists,LLC Granite Re,Inc. 6001 A Innovation Circle PO Box 20683 Windsor,CO 80550 Oklahoma City,Oklahoma 73156 OWNER (Name and Address): Board of Weld County Commissioners,Purchasing Division 915 10th Street Greeley,CO 80631 CONSTRUCTION CONTRACT Date: 07/10/2002 Amount: $33,394.00 Description (Name and Location): 2002-Seal Coat Project-Repair/Replace Asphalt Weld County Colorado BOND Date (Not earlier than Construction Contract Date): 2002-07-25 Amount: $33,394.00 Modifications to this Bond: ❑ None ❑ See Page 6 CONTRACTOR PRINCIPAL SURETY Company: Flat c t Asphalt Speclaiss,LLC IxorporateSeal) Company: Granite Re f (Corporate Seal) Signature: Signature: V`L`^ ,I C CU �-' (~ Name and itle: Name and Title: Erick Schmidt Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Rocky Mountain Surety,Inc. (not provided) 35715 US HWY 40,Suite D203 Evergreen,CO 80439 AIA DOCUMENT A313•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 I • GRCO10072C I 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner,within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment,directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time,to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy,or notice thereof,to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last fumished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the 2 labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were fumished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the .2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a - in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy,or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AEA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIM' THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 • GRCO10072C Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors,and 14 Upon requestbyanypersonorentityappearingtobea potential beneficiary of this Bond, the Contractor shall s other items theurifo io a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted equi in the jurisdiction n where the labor,materials to be made. or equipment were furnished. 15 DEFIN171ON5 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default:failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE • (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: - Signature: Name and Title: Name and Title: Address: Address: MA DOCUM@R A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED.•AIA B! THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-i%4 6 THIRD PRINTING•MARCH 1987 • ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of } On this day of , in the year ,before me personally come(s) to me known and known to me to be the person(s)who (is) (are)described in and executed the foregoing instrument, and acknowledge(s)to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this day of , in the year , before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of } On this day of , in the year before me personally come(s) to me known, who, being duly sworn,deposes and says that he resides in the City of that he is the of the the corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal;that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of CO County of Clear Creek } On this 25th day of July , in the year02 , before me personally come(s) Erick Schmidt Attorney(s)-in-Fact of Granite Re,Inc. -41191'6'4(W'+; ally acquainted, and who, being by me duly sworn, say that he reside(s) in Evergreen.CO �_t 4DFI r,•ttomey(s)-in-Fact of Granite Re,Inc. company described in and which execute.' e$vit in instrument:th. e know(s)the corporate seal of such Company; an that seal affixed to the within instrument i- .uc{t corporate seal apd /:t it was a Yy mderaftha card of Directors o said company, and that he signed said ins r eenttts Attorne (s/&;:ct of t s b *at./ OF COA 0-Notary P is My Cation DpYM 01/19/20:6 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: ERICK SCHMIDT 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: ERICK SCHMIDT 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 14th day of May,1998. SEALaVe.rezas -40 STATE OF OKLAHOMA R.Darryl Fisher, President 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 7" "�el u ry elm 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 25th day of July ,2002 sea L odman A.Frates,Secretary/Treasurer Hello