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040-23 - Miles Resources, LLC - Contract Release of Retainage Bond of ContractorRELEASE OF RETAINAGE BOND OF CONTRACTOR Bond No. 023226229 KNOW ALL MEN BY THESE PRESENTS: That we Miles Resources, LLC (hereinafter called Principal), and Liberty Mutual Insurance Company a corporation organized and doing business under and by virtue of the laws of the state of Massachusetts , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required and authorized by the State of Washington, (hereinafter called Surety), as Surety, are held firmly bound unto City of fort orchard , (hereinafter called Obligee in the just and full sum of Forty-three Thousand Three Hundred Eighty-one & 48/100 43,381.48 plus S% of any increases in the contract amount that have occurred or may occur, due to change orders, increases in the quantities or the addition of any new item of work THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, Whereas, the said Principal on the day of entered into a written contract with the said obligee for 2023 City Wide Asphalt Repair, Promect No. PW2023-003 which said contract is hereby referred to and made a part hereof by reference. WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release of retained percentage earned or which may be earned under said contract, and, WHEREAS, the obligee is willing to release retained percentage in advance of contract terms relating to payment provided the principal shall file bond to indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retainage to the principal, which bond shall be subject to all claims and liens in the same manner and same priority as apply to the retainage percentage released, or to be released, NOW, THEREFORE, the condition of this obligation is such that if the principal shall indemnify the obligee for all loss, cost or damages wNch the obligee may sustain by reason of payment of retained percentage to the principal then this obligation shall be null and void unless otherwise to remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 3rd day of may , 2023 Miles Resources, LLC By: Principal Liberty Mutual Insurance Company J ie . Marques Attorney -in -Fact This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8207353-023049 SURETY West American insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aliceon A. Kellner, Alyssa J. Lopez; Amber Lynn Reese; Amelia G. Burrill; Annelies M. Richie; Brandon K. Bush; Brent E. Heilesen; Carley Espiritu; Christopher Kinyon; Cynthia L. Jay; Dana Marie Brinkley, Diane M. Harding; Donald Shanklin, Jr.; Eric A. Zimmerman; Erica E. Mosley_ Holli Albers; Jacob T. Haddock; James B. Binder; Jamie L. Marques; Julie R. Truitt; Justin Dean Price; Kari Michelle Motley; Katharine J. Snider; Lindsey Elaine Jorgensen, Lois F. Weathers; Michael Mansfield; Misti M. Webb; Sara Sophie Sellin; Tamara A. Rin eisen all of the city of Tacoma state of WA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, remgnizances and other surety obligations, in pursuance of these presents and shalt be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of February , 2022 . Liberty Mutual Insurance Company 1NSIlR4 P4Z� IkSU d tMSt/R4 The Ohio Casualty Insurance Company O�, �n y`� �o�PORar�y VP°RPO�r yL West American insurance Company 1912y o 0 1919 1991��� o YdJ'vs�, CHlY4 AD �� s^h'fAMPsa\,da� �,s1 N ff 01P .d C R�7 * tc� dyl * 1•N �M * ti� BY: ro David M. Carey, Assistant Secretary cc State of PENNSYLVANIA :3 County of MONTGOMERY ss CD v On this 17th day of February , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a� L° _� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c - 0 R O yP, PAS), ` Q� NflN We F< Commonwealth of Pennsyl�an; - Nola y Sea! 0 � o� les Cq Teresa PPastella, Nmery �n Public Monty O N OFO My commission expires March 28. 2625 By: lvuh& lG N L'4 'C' Member ennsyl aass riAocationofNowes erase Pasteila, ; Notary Public � �4RY �s. ?? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: °) ARTICLE 1V — OFFICERS: Section 12. Power of Attorney. ro Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the L) President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety C any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall O : have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z U instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XI II — Execution of Contracts; Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such anameys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued b" the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Onia Caauatty insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fA, true and corert copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of May 12023 . � 1xsuR 4t� r4s�� � 1tI5t;R J �`OFPOggmOiC, =u"Xroi¢grFoir 0,XP0, yn 1912 ou _ 1919 s 1rJJ1 0 �� ssAc cS`�pa� y° �'tiaMpS� aa4.o 4 S BY 'A' fAa3 Renee C. Llewellyn, Assistant Y , Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02121 aa)) 0 � U �Co Cr cw G W Oy � O oc: O N GD 00 N 1 c-) �C? 00 6 T t6 — v 1° U A7 'I