Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
14-045.00 Zayo Group MOU: Sullivan West Bridge Replacement
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND ZAYO GROUP,LLC FOR THE INSTALLATION OF COMMUNICATIONS CONDUITS AS PART OF THE CONSTRUCTION OF THE SULLIVAN ROAD WEST BRIDGE REPLACEMENT PROJECT THIS MEMORANDUM OF UNDERSTANDING (MOU) is between the City of Spokane Valley (the City) and Zayo Group, LLC (Zayo). The City and Zayo are sometimes referred to individually as a"Party" and collectively as the"Parties." Background and Purpose. As part of its Transportation Improvement Program, the City intends to construct the Sullivan Road West Bridge Replacement Project("Bridge Project")over the Spokane River, which includes removing the existing southbound Sullivan bridge ("SB Bridge") and constructing a wider bridge at the same location. The Bridge Project also includes modifying the existing northbound Sullivan bridge ("NB Bridge") to provide for the re-routing of utilities and the temporary diversion of traffic and pedestrians. The City anticipates opening bids and beginning construction for the Bridge Project in 2014. Zayo currently has overhead communication cables on the west side of the SB Bridge, which physically interfere with the Bridge Project. Zayo has agreed to relocate its cables across the Spokane River in one six-inch diameter fiberglass conduit on the existing NB Bridge. The conduit will be shared with CenturyLink Corporation. To accommodate the conduit, work to install trapeze hangers and drill holes through the concrete pier caps was performed as part of the City's Sullivan Road Bridge Drain Retrofit Project (CIP 0150). A prior MOU between Zayo and the City, executed on July 1, 2013 and amended on October 9, 2013 defined responsibilities and allocated costs for the NB Bridge hanger and drilling work. The Parties have determined additional work to be conducted on the NB Bridge and SB Bridge related to the conduit installation as part of the City's Bridge Project. For the NB Bridge, the Parties desire to provide for core drilling of the NB Bridge end abutment walls, installation of additional hanger support bracing, and installation of the fiberglass conduit and related appurtenances. For the SB Bridge, the Parties desire to provide for installation of a four-inch diameter fiberglass conduit with associated support hangers and appurtenances. The NB Bridge and SB Bridge conduit-related work is referred to herein as the"Conduit Project". The purpose of this MOU is to define the responsibilities of the Parties and allocate the costs of the Conduit Project,which include the design and construction of the conduit systems, between the Parties. NOW THEREFORE,the City and Zayo do hereby agree as follows: ARTICLE 1—RESPONSIBILITIES OF THE CITY The City or its consultants/contractors shall: 1.1 Develop the plans and specifications for the Bridge Project, including plans and specifications for the Conduit Project. Page 1 of 7 1.2 Place bid items associated with construction of the Conduit Project in a separate bid schedule("Schedule E- Utilities Bid Schedule")for the following work: a. For the NB Bridge:core drilling of the NB Bridge abutment diaphragm walls, famishing and installing additional support braces, and including excavation and backfill;and b. For the NB Bridge: furnishing and installing the six-inch fiberglass conduit and associated appurtenances to 10 feet outside of the bridge abutments;and c. For the SB Bridge: furnishing and installing conduit support assemblies; and d. For the SB Bridge: furnishing and installing a four-inch diameter fiberglass conduit and associated appurtenances to 10 feet outside of the bridge abutments. 1.3 Review the Bridge Project bids and select the bidder with the lowest responsible bid for the entire project. 1.4 Upon awarding a contract for the Bridge Project, be fully responsible for the construction contract and shall be the administrator for the Bridge Project. 1.5 In the City's design for the construction of the NB Bridge modifications: a. Provide circular core holes at the abutment diaphragm walls, as detailed on the City's approved Bridge Project drawings and specifications;and b. Provide design for conduit hanger support system based on load information provided by Zayo's Representative;and c. Provide specifications for Conduit Project materials and construction requirements. 1.6 In the City's design for the construction of the SB Bridge: a. Provide circular blockouts at the pier diaphragm, intermediate diaphragm and abutment diaphragm walls,:as detailed on the City's approved Bridge Project drawings and specifications; and b. Provide design for conduit hanger support system based on load information provided by Zayo's Representative;and 1 c. Provide specifications for Conduit Project materials and construction requirements. 1.7 Provide core drilled holes in the NB Bridge abutment diaphragm walls. Furnish and install conduit support braces. Furnish and install one six-inch diameter fiberglass conduit PIP 2_oil and associated expansion couplings under the NB Bridge on existing support hangers continuously through the abutments and 10 feet outside of both the north and south ends of the NB Bridge along with related excavation and backfill. 1.8 Furnish and install a four-inch diameter fiberglass conduit, associated expansion couplings, and hanger supports under the SB Bridge continuously through the abutments and 10 feet outside of both the north and south ends of the SB Bridge. 1.9 Notify Zayo when portions of the Bridge Project have been completed by its contractor requisite for Zayo to perform work described in Article 2. Such notice shall be at least 14 consecutive calendar days prior to needing any work performed by Zayo. 1,10 Ensure Zayo has access to the NB Bridge and SB Bridge and approaches at appropriate times to perform its responsibilities. The City shall provide for specific periods of time in the Bridge Project specifications for Zayo to perform work described in Article 2 as follows: a. Phases IA and 1B — Thirty consecutive calendar days upon notification by the City; and b. Phase 3—Thirty consecutive calendar days upon notification by the City; and c. Phase 5—Three consecutive calendar days upon notification by the City. ARTICLE 2—RESPONSIBILITIES OF ZAYO Zayo shall: 23 Provide the City with all conduit deadload, liveload and dimensional information necessary to design the hanger support systems. 2.2 Upon notification from the City and within the time periods described in Section 1.10, complete work as shown on the City's approved Bridge Project drawings and in coordination with the Bridge Project construction phases as follows: a. Phase IA and 1B: Furnish and install one six-inch buried conduit and connections with bridge- supported conduit within 10 feet of the north and south abutments of the NB Bridge, including associated excavation, backfill, compaction, pavement and sidewalk restoration and traffic control. Furnish and install communication cable through the conduit across the NB Bridge and adjoining buried conduit system. Modify overhead facilities north of Flora Pit Road along the east side of and across Sullivan Road. Remove existing overhead cable and facilities west of the SB Bridge. Furnish and install a four-inch buried conduit south of NB Bridge under easternmost lane of Sullivan Road. Page of b. Phase 3: Furnish and install a four-inch buried conduit extending under the southbound lanes of Sullivan Road and make connection with new SB Bridge conduits 10 feet south of SB Bridge. Furnish and install a four-inch buried conduit along west edge of Sullivan Road north of SB Bridge to connection with new SB Bridge conduits 10 feet north of SB Bridge. c. Phase 5: Furnish and install a four-inch buried conduit south of NB Bridge under the Sullivan Road median and westernmost northbound lane, which along with work performed in Phases IA, 1B and 3 completes a buried conduit system from the east edge of Sullivan Road to the south end of the new SB Bridge. 23 Zayo shall complete the work specified in Section 2.2 and provide notification of such completion to the City within the allotted time period shown in Section 1.10. 2.4 Be responsible for inspecting and testing of the work and materials described above. Zayo shall perform backfill compaction tests and submit test reports to City at least 24 hours prior to placing asphalt pavement. 2.5 Obtain any necessary permits from the City to perform the work described above which is located within the City's rights-of-way. ARTICLE 3—ALLOCATION OF COSTS 3.1 Zayo shall, within 30 days of invoice from the City, compensate the City for costs associated with the Conduit Project, including the cost of the consultant design, the Conduit Project-related bid items in Schedule E - Utilities Bid Schedule, applicable mobilization and sales tax, and associated change orders, if any, in an amount not to exceed $70,032.20 without the prior written approval of Zayo's representative. Zayo shall compensate the City for costs above $70,032.20 only with prior written approval of Zayo's representative, which approval shall not be unreasonably withheld. Costs shall include the following distribution of Conduit Project-related bid items: a. One quarter of the NB Bridge abutment core drilling, support braces, excavation and backfill costs; and b. One half of the NB Bridge-supported six-inch fiberglass communications conduit costs. c. One half of one quarter of the SB Bridge conduit support system costs; and d. All of the SB Bridge-supported four-inch fiberglass Zayo conduit costs. 3.2 The probable cost of the Conduit Project shall be estimated by the City's consultant, broken out by bid item,including applicable sales tax,consultant design cost,mobilization,and a 15%contingency. The mobilization and consultant design costs shall each be established as 10% of the bid item value, excluding applicable sales tax and contingency. Zayo shall provide cash, a Page of 7 letter of credit,or other appropriate financial instrument acceptable to the City with a signed copy of this MOU, giving the City a unilateral right to a ins funds up to the "Estimate of Probable Cost"amount. 3.3 The City and Zayo acknowledge that the Estimate of Probable Cost of the Conduit Project is for planning purposes, and that the final cost shall be based upon final quantities, awarded unit bid item prices,mobilization,and associated change orders,if any.Final mobilization cost shall be calculated by multiplying the Conduit Project unit bid item prices by the actual percentage of which the Bridge Project mobilization bid item amount represents of the total Bridge Project bid amount 3.4 The City shall prepare monthly pay estimates for the Bridge Project. Zayo shall have two working days to review:Conduit Project pay item quantities for each pay estimate prior to the City presenting the estimate to the Contractor for payment 3.5 Upon completion of the Bridge Project,the City shall tabulate all final costs associated with the Conduit Project This final cost will be compared to the Estimate of Probable Cost described in Section 3.3, above. If the final cost exceeds the Estimate of Probable Cost, Zayo agrees to pay the City the difference within 30 days. if the final cost is less than the Estimate of Probable Cost, the City shall either reimburse Zayo the difference(if Zayo paid cash) or request from the letter of credit or other appropriate financial instrument only the final cost of the Conduit Project 3.6 Zayo shall provide all work in Article 2 at its own cost. 3.7 Any additional construction or modification beyond the scope set forth in the Conduit Project, or costs or amounts beyond those described above, shall be agreed to in writing by the Parties prior to any additional work beginning. ARTICLE 4-DELAYS If the City's contractor is delayed as a result of Zayo not completing its responsibilities within the timeframe set forth under Article 1, and such condition is in Zayo or its contractor's direct control, then Zayo shall indemnify, defend and hold the City, its officers, officials, and employees harmless from any and all claims, injuries, damages, losses or suits, including attorneys' fees,to the extent arising out of or in connection with such delays, except for delays and damages caused by the City or its contractor. This provision may not be waived by the Parties except in writing. ARTICLE 5—PERFORMANCE 5.1 The City or its contractor shall promptly and satisfactorily correct Conduit Project work in Schedule E - Utilities Bid Schedule that Zayo deems to be defective or not in compliance with the City's approved Bridge Project drawings or specifications. Page 5 of 5.2 Unless otherwise specified in writing by both Parties, all materials used by the Parties to perform their respective obligations under this MOU shall be new and in accordance with the City's approved Bridge Project drawings and specifications. ARTICLE 6—DURATION; AMENDMENT 6.1 This MOU shall become effective upon signature by the last party to sign, and remain in effect until all work has been performed.This MOU may only be terminated early by written mutual agreement of the Parties. 6.2 This MOU may only be amended by written agreement of the Parties. ARTICLE 7—PARTY REPRESENTATIVES 7.1 For purposes of this Agreement, Zayo's representative is Dean Christensen. Zayo's Representative shall represent Zayo's interest during the construction of the Conduit Project, and shall coordinate any modifications or changes needed by Zayo in conjunction with the work. 7.2 For purposes of this Agreement, the City's representative is Iim Dingfield, the Bridge Project Senior Engineer—Project Manager. ARTICLE 8—INDEMNIFICATION 8.1 The City shall indemnify and hold harmless Zayo and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent or intentional act or omission of the City, its officers, agents and employees, relating to or arising out of performance of this MOU. In the event that any suit based upon such claim, action, loss, or damages is brought against Zayo,the City shall defend the same at its sole cost and expense; provided that Zayo reserves the right to participate in said suit;and if final judgment in said suit be rendered against Zayo,and its officers, agents, and employees, or jointly against Zayo and the City and their respective officers, agents,and employees,the City shall satisfy the same. 8.2 Zayo shall indemnify and hold harmless the City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever,by any reason of or arising out of any negligent or intentional act or omission of Zayo, its officers,agents and employees,relating to or arising out of the performance of this MOU. In the event that any suit based upon such claim,action,loss,or damages is brought against the City,Zayo shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City,and its officers,agents,and employees,or jointly against the City and Zayo and their respective officers,agents,and employees,Zayo shall satisfy the same. 8.3 If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in Page of proportion to their relative degree of liability and the right of indemnity shall apply to such proportion. 8.4 Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. 8.5 Each Party's duty to indemnify shall survive the termination or expiration of the MOU. 8.6 The foregoing indemnity is specifically intended to constitute a waiver of each Patty's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. ARTICLE 9-Integration This MOU is the entire agreement between the Parties and supersedes all prior agreements and understandings between the Parties concerning its subject matter, whether or not written. CITY OF SPO VALLEY: t� By: 2% fie.,-2-,4.-- Date: ?17//)014. i e Jacksoanager By: Com, 1tiB t C Lrc �/ Date: -t 7 ,2014. Christine Bainbridge,City Clerk By: OtI> .-444-141, Offic fthe Attomey ZAYO Gig y LC: ,iit::: :,.. By. :1 4' Date: 40 : ,2014. Zayod oup,LLC Page 7 of 7 A CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 08%12/2014' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Colorado, Inc. PHONE FAX c/o 26 Century Blvd. (A/C NO FXTy 877-945-7378 (A/c Noy 888-467-2378 P.O. Box 305191 E-MAIL ADDRFss certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: The Travelers Indemnity Company 25658-001 INSURED INSURERS: Zayo Group, LLC 400 Centennial Parkway INSURER C: . Suite 200 Louisville, CO 80027 INSURER D: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER:21928895 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD'L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR IN RD WVD (MM/DONV) (MM/D YYD/VVYY) A GENERAL LIABILITY Y 6309B867518IND14 8/1/2014 8/1/2015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE ES(Eaoccurence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 Ili POLICY PRO LOC $ 1FrT AUTOMOBILE LIABILITY Y 8105121N520IND14 8/1/2014 8/1/2015 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ P X HIRED AUTOS X NONNOSWNED ( eaccident)Y DAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY I NITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory.in NH) E.L.DISEASE-EA EMPLOYEE $ flffyes,describeunder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additional Remarks Schedule,if more space is required) Coverage for XCU is provided under General Liability policy. City of Spokane Valley is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE Attn: City Clerk 11707 East Sprague Avenue, Suite 106 ^ Spokane Valley, WA 99206 _ i _/ L+ ,x, Con:4488638 Tpl:1846272 Cert:21928895 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD -0L4 S COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE–This endorsement broadens coverage.However,coverage for any Injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only"Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsernent and the rest of your policy carefully to determine rights,duties,and what is and Is not covered. A. Reasonable Force Property Damage–Ex- ' K. Blanket Additional Insured–Persons Or Or- ception To Expected Or Intended Injury Ex- ganizations For Your Ongoing Operations As elusion Required By Written Contract Or Agreement • B. Non-Owned Watercraft Less Than 75 Feet L Blanket Additional Insured–Broad Form i C. Aircraft Chartered With Pilot Vendors • D. Damage To Premises Rented To You M. Who Is An Insured–Unnamed Subsidiaries • • E. Increased Supplementary Payments N. Who Is An Insured–Liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Who Is An Insured–Employees And Volun- teer Workers–First Aid O. Medical Payments–Increased Limits G. Who Is An Insured–Employees–Supervi- P. Contractual Liability–Railroads sory Positions Q. Knowledge And Notice Of Occurrence Or Of- .=te H. Who Is An Insured–Newly Acquired Or fense Formed Organizations R. Unintentional Omission I. Blanket Additional Insured–Owners,Manag- S. Blanket Waiver Of Subrogation mC ers Or Lessors Of Premises - J. Blanket Additional Insured–Lessors Of 0= Leased Equipment rit . aQ c� PROVISIONS B. NON-OWNED WATERCRAFT LESS THAN 75 ^8 A. REASONABLE FORCE PROPERTY DAMAGE– FEET EXCEPTION TO EXPECTED OR INTENDED IN- The following replaces Paragraph(2)of Exclusion = JURY EXCLUSION g.,Aircraft,Auto Or Watercraft,in Paragraph 2. The following replaces Exclusion a.,Expected Or cf SECTION I–COVERAGES–COVERAGE A ^� Intended Injury,in Paragraph 2.,of SECTION I– BODILY INJURY AND PROPERTY DAMAGE • — COVERAGES – COVERAGE A BODILY IN- UABIL1TY: r•� JURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that Is: a. Expected Or Intended Injury Or Damage (a) Less than 75 feet long;and . 0. 0= "Bodily injury"or"property damage'expected or (b) Not being used to carry any person or intended from the standpoint of the insured.This property for a charge. exclusion does not apply to "bodily Injury" or C. AIRCRAFT CHARTERED WITH PILOT i •fB "property damage'resulting from the use of rea- sonablefarce to protect any person or property. The following is added to Exclusion g.,Aircraft, .•• • Auto Or Watercraft,in Paragraph 2.of SECTION J CG D4 17 01 12 a ot2The Travelers haiemnity Company.AI rights reserved. Page 1 of 6 Includes copyrighted material orrrrsuranoe Services Orrice,Inc,vrith its permission 06Td➢2 COMMERCIAL GENERAL LIABILrTY I -COVERAGES—COVERAGE A BODILY IN- 4. The following replaces Paragraph a. of the JURY AND PROPERTY DAMAGE UABILITY: definition of"insured contract"in the DEFINI- This exclusion does not apply to an aircraft that TANS Section: is: a. A contract for a lease of premises. How- (a) Chartered with a pilot to any insured; ever, that portion of the contract for a lease of premises that indemnifies any (b) Not owned by any insured;and person or organization for "premises (c) Not being used to carry any person or prop- damage"is not an"insured contract'"; erty for a charge. S. The following is added to the DEFINITIONS D. DAMAGE TO PREMISES RENTED TO YOU Section: 1. The first paragraph of the exceptions in Ex- "Premises damage" means "property darn- dusion J., Damage To Property, in Para- age"to: graph 2. of SECTION I — COVERAGES — a. Any premises while rented to you or tern- COVERAGE A BODILY INJURY AND polarity occupied by you with permission PROPERTY DAMAGE LIABILITY is deleted. of the owner,or 2. The following replaces the last paragraph of b. The contents of any premises while such Paragraph 2., Exclusions, of SECTION i — premises is rented to you,if you rent such COVERAGES_—COVERAGE A BODILY IN- premises for a period of seven or fewer JURY AND PROPERTY DAMAGE LIABIL- consecutive days. ITY: 6. The following replaces Paragraph 4.b.(1)(b) Exclusions c.,g.and h.,and Paragraphs(1), of SECTION IV—COMMERCIAL GENERAL (3) and (4) of Exclusion j., do not apply to LIABILITY CONDITIONS: "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by (b) That is insurance for"premises damage"; fire unless Exclusion 1. of Section I•-Cover- Or age A—Bodily Injury And Property Damage 7. Paragraph 4.b.(1Rc) of SECTION IV — • Liability is replaced by another endorsement COMMERCIAL GENERAL LIABILITY CON- to this Coverage Part that has Exclusion-All DITIONS is deleted. Pollution Injury Or Damage or Total Pollution E. INCREASED SUPPLEMENTARY PAYMENTS Exclusion in its title.A separate limit of Insur- ance applies to "premises damage" as de- 1. The following replaces Paragraph 1.b. of . scribed in Paragraph 6.of Section iII—Limits SUPPLEMENTARY PAYMENTS — COVER- Of Insurance. AGES A AND B of SECTION I — COVER- AGES: 3. The following replaces Paragraph 6.of SEC- TION III—LIMITS OF INSURANCE: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law 6. Subject to 5. above, the Damage To violations arising out of the use of any Premises Rented To You Limit is the vehicle to which the Bodily Injury Liability most we will pay under Coverage A for Coverage applies.We do not have to fur- damages because of`premises damage" nish these bonds. to any one premises. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To SUPPLEMENTARY PAYMENTS —COVER- You Limit will be: AGES A AND B of SECTION 1—COVER- a. The amount shown for the Damage AGES: To Premises Rented To You Limit on d. All reasonable expenses incurred by the the Declarations of this Coverage insured at our request to assist us in the Part;or investigation or defense of the claim or b. $300,000 if no amount is shown for "suit",Including actual loss of earnings up the Damage To Premises Rented To to $500 a day because of time off from You Limit on the Declarations of this work. Coverage Part. . Page 2 of S a eci z The Travelers Indemnity company.All rights seared, CG 04 17 01 12 krdudes copyrighted material of Insurance Services Mee,Mo.with its permission. COMMERCIAL GENERAL LIABILITY I . F. WHO IS AN INSURED — EMPLOYEES AND your 'employees" who hold a supervisory posi- ,, VOLUNTEER WORKERS—FIRST AID lion. 1. The following is added to the definition of"oc- H. WHO IS AN INSURED — NEWLY ACQUIRED currence'in the DEFINITIONS Section: OR FORMED ORGANIZATIONS Unless you are in the business or occupation The following replaces Paragraph 4.of SECTION I of providing professional health care services, II —WHO IS AN INSURED of the Commercial "occurrence" also means an act or omission General Liability Coverage Form, and Paragraph committed by any of your 'employees" or 3,of SECTION II—WHO IS AN INSURED of the 'Volunteer workers', other than an employed Global Companion Commercial General Liability or volunteer doctor, in providing or failing to Coverage Forrn, to the extent such coverage provide first aid or"Good Samaritan services" forms are part of your policy:. to a person. Any organization you newly acquire or form,other 2. The following is added to Paragraph 2.a.(1)of than a partnership or joint venture, of which you SECTION II—WHO IS AN INSURED: are the sole owner or in which you maintain the 1 majority ownership interest, will qualify as a Unless you are in the business or occupation Named Insured if there is no other Insurance of providing professional health care services, which provides similar coverage to that organize- :' Paragraphs(1 Xe),(b),(c)and(d)above do tion.However. not apply to"bodily Injury"arising out of pro- a. Coverage under this provision is afforded vkiing or failing to provide first aid or"Good only: Samaritan services"by any of your"employ- ees" or "volunteer workers', other than an (1) Until the 180th day after you acquire or employed or volunteer doctor, Any of your form the organization or the end of the "employees"or"volunteer workers" providing policy period, whichever Is earner, H you or failing to provide first old or"Good Seined- do not report such organization in waiting • tan services'during their work hours for you to us within 180 days after you acquire or will be deemed to be acting within the scope form It;or of their employment by you or perfonning du- (2) Until the end of the policy period, viten related to the conduct of your business. that date is later than 180 days after you -� acquire or form such organization, if you 1 3. The fallowing is added to Paragraph 5. of report such organization in writing to us .� SECTION III—LIMITS OF INSURANCE within 180 days after you acquire or form For the purposes of determining the applica- it,and we agree in writing that it will con- ,-Q ble Each Occurrence Limit,all related acts or tinue to be a Named Insured until the end omissions committed by any of your"employ- of the policy period; a� ees" or "volunteer workers' In providing or b. Coverage A does not apply to"bodily injury' n= failing to provide first aid or"Good Samaritan or'property damage" that occurred before services"to any one person will be deemed to you acquired or formed the organization;and be one"occurrence". C. Coverage B does not apply to"personal in- 4. The following is added to the DEFINITIONS jury" or"advertising injury" arising out of an Section: offense committed before you acquired or formed the organization. • ... "Good Samaritan services"means any emer- gency medical services for which no compen- L BLANKET ADDITIONAL INSURED—OWNERS, sation is demanded or received. MANAGERS OR LESSORS OF PREMISES G. WHO IS AN INSURED — EMPLOYEES — SU- The following Is added to SECTION II—WHO IS PERViSORY POSITIONS AN INSURED: The Following is added to Paragraph 2-a.(1) of Any person or organization that is a premises �� SECTION II—WHO IS AN INSURED: owner, manager or lessor Is an insured, but only with respect to liability arising out of the owner- .a= Paragraphs(1)(a],(b)and(c)above do not apply ship,maintenance or use of that part of any prem- to 'bodily injury" or 'personal injury" to a co- ises leased to you. "employee" in the course of the oo-'employee's" The insurance provided to such premises owner, employment by you arising out of work by any of manager or lessor does not apply to: CG D4 17 01 12 0 2012 Titin Travelers Irrdernnay Company,At rights reserved. Page 3 of 6 'Includes copyrighted material d Insurance Services Ofl'ee,Inc.milh Its permission. roues • COMMERCIAL GENERAL LIABILITY a. Any "bodily injury" or "property damage" L BLANKET ADDITIONAL INSURED — BROAD caused by an "occurrence"that takes place. FORM VENDORS of "personal injury' or "advertising injury" The following is added to SECTION II—WHO IS Caused by an offense that is committed,after AN INSURED: you cease to be a tenant in that premises;or b. Any person or organization that is a vendor and Structural alterations, new construction or demolition operationsperformed by or on be- that you have agreed ins a written contractsor Pe agreement to include as an additional insured on half of such premises owner,manager or lee- this Coverage Part is an insured,but only with re- SOC. sped to liability for *bodily injury" or "property J. BLANKET ADDITIONAL INSURED—LESSORS damage"that: OF LEASED EQUIPMENT a. Is caused by an"occurrence"that takes place The following is added to SECTION II—WHO IS after you have signed and executed that con- AN INSURED: tract or agreement and Any person or organization that is an equipment b. Arises out of"your products" which are ells- lessor is an insured,but only with respect to liabtl- • treaded or sold in the regular course of such ity for 'bodily Injury", "property damage", "per- vendor's business. sonal Injury" or "advertising injury" caused, in The insurance provided to such vendor is subject whole or in part, by your acts or omissions in the to the following provisions: maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. a. The limits of insurance provided to such ven- dorThe insurance provided to such equipment lessor will be the limits which you agreed to pro- does applynot to anyboth* injury" "property vide in the written contract or agreement,or 'Wily ry prof y the limits shown in the Declarations,which- damage" caused by an "occurrence" that takes ever are less, place, or "personal Injury" or"advertising injury" caused by an offense that is committed,after the b. The insurance provided to such vendor does equipment lease expires, not apply to: K. BLANKET ADDITIONAL INSURED—PERSONS (1) Any express warranty not authorized by OR ORGANIZATIONS FOR YOUR ONGOING you; OPERATIONS AS REQUIRED BY WRITTEN (2) Any change In"your products"made try CONTRACT OR AGREEMENT such vendor; The blowing is added to SECTION II—WHO IS (3) Repackaging,unless unpacked solely for AN INSURED: the purpose of inspection,demonstration, Any person or organization that is not otherwise testing,or the substitution of parts under an insured under this Coverage Part and that you Instructions from the manufacturer,and have agreed in a written contract or agreement to then repackaged in the original container; include as an additional Insured on this Coverage (4) Any failure to make such Inspections,ad- Part is an Insured,but only with respell to liability justments,tests or servicing as vendors for"bodily injury"or"property damage"that: agree to perform or normally undertake to a. Is caused by an"occurrence"that takes place perform In the regular course of business, • after you have signed and executed that con- in connection with the distribution or sale tract or agreement;and of"your products"; b. Is caused,In whole or In part,by your acts or (5) Demonstration,installation,servicing or omissions in the performance of your ongoing repair operations,except such operations operations to which that contract or agree- performed at such vendor's premises in ment applies or the acts or omissions of any connection with the sale of"your prod- person or organization performing such op- ucts-;or eralions on your behalf. (0) "Your products"which,after distribution The limits of insurance provided to such insured or sale by you,have been labeled or re- will be the limits which you agreed to provide in labeled or used as a container,part or la- the written contract or agreement, or the limits gred lent of any other thing or substance shown in the Declarations,whichever are less. by or on behalf of such vendor. • Page 4 of 6 e 2012 TNe Travelers indemnity Company.All lights reserved. CO D4 17 01 12 Includes copyrighted material of Instrance Services Ofrsx,Inc.with Ifo permission. . COMMERCIAL GENERAL LIABILITY sem. Coverage under this provision does not apply to: (b) The amount shown on the Declarations of a. Any person or organization from whom you this Coverage Part for Medical Expense have acquired your products",or any ingre Limit. 1 client,part or container entering into,accom- P. CONTRACTUAL LIABILITY-RAILROADS • panying or containing such products;or 1. The following replaces Paragraph c. of the b. Any vendor for which coverage as an adds- definition of'insured contract"in the DEFINI- tional insured specifically is scheduled by en- TiONS Section: dorsement. c. Any easement or license agreement M. WHO iS AN INSURED-UNNAMED SUBSIDI- 2. Paragraph f:(1) of the definition of "insured ARIES contract"in the DEFINITIONS Section Is de- The following is added to SECTION n—WHO IS feted. AN INSURED: Q. KNOWLEDGE AND NOTICE OF OCCUR- Any of your Subsidiaries,other than a partnership RENCE OR OFFENSE or joint venture,that is not shown as a Named In- The following Is added to Paragraph Z.,Duties In sured in the Declarations is a Named Insured if: The Event of Occurrence, Offense, Claim or a. You maintain an ownership interest of more Suit, of SECTION IV - COMMERCIAL GEfe- than 50%in such subsidiary on the first day ERAL LIABILITY CONDITIONS: of the policy period;and e. The following previsions apply to Paragraph b. Such subsidiary is not an insured under simi- a.above, but only for the purposes of the in- lar other insurance. suranae provided under this Coverage Part to you or any Insured listed in Paragraph 1.or 2. I No such subsidiary is an insured for"bodily injury" of Section II-Who is An Insured: or"property damage"that occurred, or"personal injury" or "advertising injury,' caused by an of- (1) Notice to us of such "occurrence' or of- fense committed: fense must be given as soon as pracdice- • a. Before you maintained an ownership interest ble only after the"occurrence"or offense • of more than 50%in such subsidiary;or • is known to you(if you are an individual), any of your partners or members who is b. After the date, if any,during the policy period an individual (if you are a partnership or that you no longer maintain an ownership in- joint venture), any of your managers who terest of more than 50%In such subsidiary, Is an individual(If you are a limited liability , N. WHO IS AN INSURED-LIABILITY FOR CON- company), any of your trustees who is an mem DUCT OF UNNAMED PARTNERSHIPS OR individual(if you are a trust), any of your r JOiNT VENTURES "executive officers"or directors(if you are = an organization other than a partnership, �. m The following replaces the last paragraph of joint venture, limited liability company or ' e_ SECTION II-WHO IS AN INSURED: trust) or any "empioyee" authorized by �� No person or organization Is an insured with re- you to give notice of an "occurrence" or �� sped to the conduct of any current or past part- offense. nership or joint venture that Is not shown as a Named Insured in the Declarations, Thls pare- (2) if you are a partnership,joint ventur ,len- -_—e. = graph does not apply to any such partnership or lied liability company or trust,and nooneeof joint venture that otherwise qualifies as an in e____ your partners. joint venture members, surest under Section II-W'uho Is An Insured. managers or trustees are individuals,no- tice to us of such"occurrence"or offense e= O. MEDICAL PAYMENTS-INCREASED LIMITS must be given as soon as practicable only The following replaces Paragraph 7,of SECTION after the"occurrence"or offense is known e� III-LIMITS OF INSURANCE: by; T. Subject to 5. above, the Medical Expense (a) Any individual who is: `— Limit Is the most we will pay under Coverage C for all medical expenses because of"bodily (i) A partner or member of any part- 1 "` injury"sustained by any one person,and will nership or joint venture; ? be the higher of: (ii) A manager of ag any limited liability (a) $10,000;or company; CG D417 01 12 c 2012 The Travelers Indernndy Company. All rights reserved, Page 5 of 6 includes capyrigrted material of Insurance Servkes orrice,Inc.wth its perirrisslan. 051!61 4 COMMERCIAL GENERAL IJABIL..Y (iii)A trustee of any trust:or abrupt commencement, this Paragraph e. (iv)An executive officer or director of does not affect that requirement. any other organization: R. UNINTENTIONAL OMISSION that is your partner, joint venture The following is added to Paragraph 6., Repre- member,manager or trustee;or sentatians, of•SECTION IV — COMMERCIAL (b) Any "employee" authorized by such GENERAL LIABILITY CONDITIONS: partnership, joint venture, limited li- The unintentional omission of.or unintentional ar- ability company,trust or other organa- ror in, any information provided by you which we zation to give notice of an "occur- relied upon In issuing this policy will not prejudice ranee"or offense, your rights under this insurance, However, this (3) Notice to us of such "occurrence" or of- provision does not affect our right to coiled addi- tense will be deemed to be given as soon tional premium or to exercise our rights of cancel- as practicable if it is given in good faith as teflon or nonrenewal in accordance with applica- soon as predicable to your workers' ble insurance laws or regulations compensation insurer.This applies only if S. BLANKET WAIVER OF SUBROGATION you subsequently give notice to us of the The following Is added to Paragraph 8.,Transfer "occurrence"or offense as soon as prat- Of Rights Of Recovery Against Others To Us, ticable after any of the persons described of SECTION IV—COMMERCIAL GENERAL LI- in Paragraphs e.(I)or(2)above discov- ABILITY CONDITIONS: ers that the'occurrence or offense may result in sums to which the insurance If the insured has agreed in a contract or agree- provided under this Coverage Part may Ment to waive that insured's right of recovery apPIY against any person or organization,we waive our right of recovery against such person or organize- However, If this policy includes an endorse- ment that provides limied coverage for"bod- ily don,but only for payments we make because of: Injury" or "property damage" or pollution a. "Bodily injury" or"property damage" caused costs arising out of a discharge, release or by an"occurrence that takes place;or escape of`pollutants" which contains a re- b. 'Personal- Injury' or "advertising injury" quirement that the discharge, release or es- caused by an offense that is committed; J cape of "pollutants" must be reported to us subsequent to the execution of the contract or within a specific number of days after Its agreement. • Page 8 of 8 cA20121be Traveieta Indemnity Company. All rights reserved. CG D417 Oi 12 Includes copyrighted materiel of Insurance Services Orrice.Inc.with Its permission. - 1 a A CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 08/10/20 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Colorado, Inc. PHONE FAX c/o 26 Century Blvd. (A/r, NC)EXT)• 877-945-7378 (A/r. Nap 888-467-2378 P.O. Box 305191 E-MAIL AnnRESs• certificatesQwillis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: The Travelers Indemnity Company 25658-001 INSURED INSURERS: Zayo Group, LLC 1805 29th Street Ste 2050 INSURER C: Boulder, CO 80301 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:23455170 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE lNSfl SUBRvPOLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR (MMlAO/YYVY) (MM/All/YVVV) A X COMMERCIAL GENERAL LIABILITY Y 6309B867518IND15 8/1/2015 8/1/2016 EACH OCCURRENCE $ 1,000,000 pppp�1�,tpp��;;EETT aoccurence) $ 1,000,000 CLAIMS-MADE X OCCUR PFfEMfSES MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PROJECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y 8105121N520PHX15 8/1/2015 8/1/2016 (ECOa accident)MBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILYINJURY(Peraccident) $ X HIRED AUTOS X AOTOSWNED PROPERTY DAMAGE(Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATI ITF ER ANY PROPRIETOR/PARTNER/EXECUTIVEI I N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory Line n NH) E.L.DISEASE-EA EMPLOYEE $ ff yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additonal Remarks Schedule,may be attached if more space is required) Coverage for XCU is provided under General Liability policy. City of Spokane Valley is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Valley,SpokaneValley, WA 99206 C► Coll:4744592 Tp1:1981546 Cert:23455170 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I u ,0 COMMERCIAL GENERAL LIABILITY • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any Injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing Is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read a the provisions of this en- dorsement and the rest of your policy carefully to determine rights.duties,and what is and is not covered. A. Reasonable Force Property Damage—Ex- K. Blanket Additional Insured—Persons Or Or- ception To Expected Or Intended Injury Ex- ganizations For Your Ongoing Operations As elusion Required By Written Contract Or Agreement B. Non-Owned Watercraft Less Than 75 Feet L Blanket Additional Insured—Broad Form • C. Aircraft Chartered With Pilot Vendors O. Damage To Premises Rented To You M. Who Is An Insured—Unnamed Subsidiaries E. Increased Supplementary Payments N. Who Is An Insured—liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Who Is An Insured—Employees And Volun- teer Workers—First Aid O. Medical Payments—Increased Limits • G. Who Is An Insured—Employees=Supervi- P. Contractual Liability—Railroads nary Positions O. Knowledge And Notice Of Occurrence Or Of- .= H. Who Is An Insured—Newly Acquired Or fence � Formed Organizations R. Unintentional Omission rem I. Blanket Additional Insured—Owners,Manag- S. Blanket Waiver Of Subrogation ere Or Lessors Of Premises J. Blanket Additional Insured—Lessors Of Leased Equipment e PROVISIONS B. NON-OWNED WATERCRAFT LESS THAN 75 A. REASONABLE FORCE PROPERTY DAMAGE— FEET EXCEPTION TO EXPECTED OR INTENDED Jl- The following replaces Paragraph(2)of Exclusion -� JURY EXCLUSION g.,Aircraft,Auto Or Yrtatercraft,In Paragraph 2. mem The following replaces Exclusion a..Facpected Or of SECTION I—COVERAGES—COVERAGE A Intended Injury,in Paragraph 2..of SECTION I- BODILY INJURY AND PROPERTY DAMAGE COVERAGES — COVERAGE A BODILY IN- LIABILITY: JURY AND PROPERTY DAMAGE LABILITY_ 42) A watercraft you do not own that is: a. Expected Or Intended Injury Or Damage la) Less than 75 feet long;and ° "Bodily Injury"or"property damage°expected or (b) Not being used to carry any person or intended from the standpoint of the insured,This property for a charge. exclusion does not apply to "bodily injury" or C. AIRCRAFT CHARTERED WITH PILOT . "property damage'resulting from the use of rea- sonable force to protect any person or property. The following is added to Exclusion g.,Aircraft, Auto Or Watercraft,in Paragraph 2.of SECTION CO D4 17 01 12 e201219re Travelers Indemariry Company"AI rigida reserved. Page 1 of 6 Incudes copyrighted material arhbaucanaa services Office,Inc vein its permission. oeieas I COMMERCIAL GENERAL UABIV-re • 1 -COVERAGES—COVERAGE A BODILY IN- 4. The following replaces Paragraph a. of the JURY AND PROPERTY DAMAGE LIABILITY: definition of"insured contract"in the DEFINI- now This exclusion does not apply to an aircraft that Section: is: a. A contract for a lease of premises` How- (a) Chartered with a pilot to any insured; ever, that portion of the contract for a (b) Not owned by any insured;and lease of premises that indemnifies any person or organization for "premises (c) Not being used 10 carry any person or prop- damage is not an"insured contract"; • erty for a charge. 5. The following is added to the DEFINITIONS D. DAMAGE TO PREMISES RENTED TO YOU Section: 1. The first paragraph of the exceptions in Ex- "Premises damage" means "property darn- elusion J., Damage To Property, in Para- age"to: graph 2. of SECTION I — COVERAGES — a. Any premises while rented to you or tern- COVERAGE A BODILY INJURY AND poran'ly occupied by you with permission PROPERTY DAMAGE LIABILITY is deleted. of the owner,or 2. The following replaces the last paragraph of b. The contents of any premises while such Paragraph 2., Exclusions, of SECTION I — premises is rented to you,if you rent such COVERAGES_—COVERAGE A BODILY IN- premises for a period of seven or fewer JURY AND PROPERTY DAMAGE LIABIL- consecutive days. ITY: 6. The folowiing replaces Paragraph 4.b.(1)(b) Exclusions c.,g.and h.,and Paragraphs(1), of SECTION IV—COMMERCIAL GENERAL (3) and (4) of Exclusion j., do not apply to LIABILITY CONDITIONS: "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by (b) That is insurance for"premises damage": fire unless Exclusion f, of Section I—Cover- Of age A—Bodily Injury And Property Damage 7. Paragraph 4.b,(1)(c) of SECTION IV — • liability Is replaced by another endorsement • COMMERCIAL GENERAL LIABILITY CON- • to this Coverage Part that has Exclusion-All DITIONS is deleted. Pollution Injury Or Damage or Total Pollution E. INCREASED SUPPLEMENTARY PAYMENTS Exclusion in its title.A separate limit of Insur- ance applies to "premises damage" as de- 1. The following replaces Paragraph Lb. of scribed in Paragraph 6.of Section III—Limits SUPPLEMENTARY PAYMENTS — COVER- Of Insurance. AGES A AND B of SECTION I — COVER- AGES: 3. The following replaces Paragraph 6.of SEC b Up to 52,500 for cost of bail bonds re- TION IN—LIMITS OF INSURANCE quired because of accidents or traffic law 6. Subject to S. above, the Damage To violations arising out of the use of any Premises Rented To You Limit is the vehicle to which the Bodily Injury Liability most we will pay under Coverage A for Coverage applies.We do not have to fur- damages because of`premises damage" nish these bonds. to any one premises. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To SUPPLEMENTARY PAYMENTS —COVER- You Limit will be: AGES A AND B of SECTION I— COVER- a. The amount shown for the Damage AGES: To Premises Rented To You Limit on d. All reasonable expenses incurred by the the Declarations of this Coverage insured at our request to assist us In the Part;or Investigation or defense of the claim or b. $300,000 if no amount is shown for "suit",Including actual Foss of earnings up the Damage To Premises Rented To to $500 a day because of time off from You Limit on the Declarations of this work. Coverage Part. Page 2 of 6 dr tot 2 The Travelers Indermity company.An rights re-served. CG D4 17 01 12 Includes copyrighted maters of Insurance Services Orrice,Ino.W M ta permission. COMMERCIAL GENERAL LIABILITY F. WHO IS AN INSURED — EMPLOYEES AND your 'employees" who hold a supervisory poli- VOLUNTEER WORKERS—FiRST AiD tion. 1. The following is added to the definition of"oc- H. WHO IS AN INSURED — NEWLY ACQUIRED ' currence"in the DEFINITIONS Section: OR FORMED ORGANIZATIONS • Unless you are in the business or occupation The following replaces Paragraph 4.of SECTION of providing professional health care services, II —WHO IS AN INSURED of the Commercial 'occurrence' also means an act or omission General Liability Coverage Form, and Paragraph committed by any of your 'employees" or 3.of SECTION II—WHO IS AN INSURED of the 'volunteer Workers', other than an employed Global Companion Commercial. General Liability or volunteer doctor, in providing or failing to Coverage Form, to the extent such coverage provide first aid or'Good Samaritan services" forms are part of your policy, to a person. Any organization you newly acquire or form,other 2. The following is added to Paragraph 2.a.(1)of than a partnership or joint venture, of which you SECTION II—WHO IS AN INSURED: are the sole owner or in which you maintain the majority ownership interest, will quaftfy as a Unless you are in the business or occupation Named Insured if there Is no other Insurance ' of providing professional health care services, which provides similar coverage to that organize- Paragraphs(1 )(a),(b),(c)and(d)above do tion.However: not apply to"bodily Injury"arising out of pro- a. Coverage under this provision is afforded •• viding or failing to provide first aid or'Good only: , Samaritan services"by any of your"employ- ees" or "'volunteer workers", other than an (1) Until the 180th day after you acquire or employed or volunteer doctor, Any of your form the organization or the end Of the "employees"or"volunteer workers" providing policy period, whichever is earlier, H yet, or(ailing to provide first aid or"Good Samar'- do not report such organization in witting " tan services"during their work hours for you lo us within 180 days atter you acquire or • • will be deemed to be acting within the scope form ll;or of their employment by you or performing du- (2) Until the end of the policy period, when ties related to the conduct of your business. that date is later than,180 days after you "o acquire or form such organization, if you R� 3. The following is added to Paragraph 5. of report such•organization in wilting to us SECTION III—LIMITS OF INSURANCE: within 180 days after you acquire or form For the purposes of determining the applica- it,and we agree in wilting that it will con- ... ble Each Occurrence Limit,all related acts or tinue to be a Named Insured until the end omissions committed by any of your'employ- of the policy period; ao ees" or "volunteer workers" In providing or b. Coverage A does not apply to"bodily injury' 0_ fair"mg to provide first aid or"Good Samaritan or'property damage" that occurred before " services'to any one person wilt be deemed to you acquired or formed the organization;and be one"occurrence". c. Coverage B does not apply to 'personal in- 4. The following is added to the DEFINITIONS jury" or"advertising injury" arising out of an Section: offense committed before you acquired or "Good Samaritan services"means any erner- formed the organization. gency medical services for which no compen- I. BLANKET ADDITIONAL INSURED—OWNERS, _ sation is demanded or received. MANAGERS OR LESSORS OF PREMISES G. WHO IS AN INSURED — EMPLOYEES — SU- The following is added tc SECTION II—WHO IS PERVISORY POSITIONS AN INSURED: The following is added to Paragraph 2-a.(1) of Any person or organization that is a premises • �� SECTION II—WHO IS AN INSURED: owner, manager or lessor Is an Insured, but only with respect to liability arising out of the owner- .,, Paragraphs(1)(a),(b)and(c)above do not apply , ship,maintenance or use of that part of any prem- to "bodily injury' or "personal injury" to a co- ises leased to you. i "employee' in the course of the oo-"employee's" The insurance provided to such premises owner, employment by you arising out of work by any of manager or lessor does not apply to: CO D4 17 01 12 02012 The Travelers Indemnity Company.Al*Orbs reserved. Page 3 of 6 Includes copplg rted material c Irr,<eurance Services Orrice,Inc.with Its perreselon, OOTEea J COMMERCIAL GENERAL LIABILITY a. Any "bodily injury" or "property damage" L BLANKET ADDITIONAL INSURED — BROAD caused by an "occurrence"that takes piece, FORM VENDORS or "personal injury" or "advertising injury" The following is added to SECTION II—WHO IS caused by an offense that is committed,after AN INSURED: you cease to be a tenant in that premises;or b. Structural alterations, new construction or Any person or organization that is a vendor and that you have agreed in a written contract or demolition operations performed by or on be- half of such premises owner,manager or les- tagreement rg include is as ns red,tbut insured e- erage Part is an insured,but only with re- ser. sped to liability for `bodily injury" or "property J. BLANKET ADDITIONAL.INSURED—LESSORS damage"that: OF LEASED EQUIPMENT a. Is caused by an"occurrence"that takes place The following is added to SECTION II—WHO IS after you have signed and executed that con- AN INSURED: tract or agreement and Any person or organization that is an equipment b. Arises out of"your products" which are dis- lessor is an insured,but only with respect to liabl- • trlbuted or sold in the regular course 0f such ity for 'bodily Injury", "property damage", "per- vendor's business, sonai injury" or 'advertising injury" Caused, in The insurance provided to such vendor is subject whole or in pad, by your acts or omissions in the to the following provisions: maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. a. The limits of insurance provided to such ven- dorThe insurance provided to such equipment lessor will be the limits which you agreed to pro- does applynot to anyd "bodily injury" vide in the written contract or agreement,or " ly or"property the Emits shown in the Declarations,which- damage' caused by an "occurrence" that takes ever are less. place, or"personal injury" or"advertising injiry" caused by an offense that is committed,after the b. The insurance provided to such vendor does equipment lease expires. not apply to: K. BLANKET ADDITIONAL INSURED—PERSONS (1) Any express warranty not authorized by OR ORGANIZATIONS FOR YOUR ONGOING you; • OPERATIONS AS REQUIRED BY WRITTEN (2) Any change In"your products"made by CONTRACT OR AGREEMENT such vendor; The blowing is added to SECTION iI—WHO IS (3) Repackaging,unless unpacked solely for AN INSURED: the purpose of inspection,demonstration. Any person or organization that is not otherwise testing,or the substitution of parts under an insured under this Coverage Part and that you Instructions from the manufacturer,and have agreed in a written contract or agreement to then repackaged in the original container; include as an additional Insured on this Coverage (4) Any failure to make such inspections,ad Part Is art insured,but only with respect to liability justments,tests or servicing as vendors for"bodily injury"or"property damage"that: agree to perform or normally undertake to a. Is caused by an"occurrence"that takes place perform in the regular course of business, after you have signed and executed that con- in connection with the distribution or sale tract or agreement;and of"your products'; b. Is caused,in whole or in part,by your ads or (5) Demonstration,installation,servicing or omissions in the performance of your ongoing repair operations,except such operations operations to which that contract or agree- performed at such vendor's premises in ment applies or the acts or omissions of any connection with the sale of"your prod- person or organization performing such op- ucts";or erallons on your behalf. (6) "Your products"which,after distribution The limits of insurance provided to such insured or sale by you,have been labeled or re- will be the limits which you agreed to provide in labeled or used as a container,part or in- the written contract or agreement, or the limits gradient of any other thing or substance shown in the Declarations,whichever are less. by or on behalf of such vendor. Page 4 of 6 02012 The Travelers Indemnity Company.All rights reserved. C(3 D4 17 01 12 includes copyrighted material of Irsrrance Services Office,Inc.with Rs permission. 1 COMMERCIAL GENERAL LIABILITY _ N Coverage under this provision does not apply to: (b) The amount shown on the Declarations of a. Any person or organization from whom you this Coverage Part for Medical Expense i have acquired"your products",or any ingre- Limit. I dient,part or container entering into,accom- P. CONTRACTUAL LIABILITY–RAILROADS ponying or containing such products;or I. The following replaces Paragraph c. of the b. Any vendor for which coverage as an addi- definition of"insured contract"in the DEFINI- tional Insured specifically is scheduled by en- TIONS Section: dOrsement. c. Any easement or license agreement; M. WHO IS AN INSURED–UNNAMED SUBSIDI- 2. Paragraph L(1) of the definition of "insured ARIES contract"in the DEFINITIONS Section Is de- The following is added to SECTION II–WHO IS leted. AN INSURED: Q. KNOWLEDGE AND NOTICE OF OCCUR- Any of your subsidiaries,other than a partnership RENCE OR OFFENSE or joint venture,that is not shown as a Named In- The following Is added to Paragraph 2.,Duties In I cured in the Declarations is a Named Insured if The Event of Occurrence, Offense, Claim or a. You maintain an ownership interest of more Suit, of SECTION IV – COMMERCIAL GIS!- iERAL LIABILITY CONDITIONS: than 50%In such subsidiary on the first day of the policy period;and e. The following provisions apply to Paragraph • b. Such subsidiary is not an insured under simi- a.above. but only for the purposes of the in- lar other insurance. %franc°provided under this Coverage Part to No such subsidiary is an insured far'bodiiy injury" you or any Insured listed in Paragraph 1.or 2. I or"property damage"that occurred, or"personal of Sedlon II–Who Is An insured: injury" or "advertising injury' caused by an of- (1) Notice to us of SUCK "occurrence" or of- fense committed: fence must be given as soon as practice- . only after the"occurrence"or offense a. Before you maintained an ownership interest • is known to you (if you are an individual), • • of more than 50%in such subsidiary;or any of your partners or members who Is b. After the date, if any,during the policy period an individual (if you are a partnership or ...= that you no longer maintain an ownership In- joint venture), any of your managers who .„„r . terest of more than 50%In such subsidiary. is an Individual(if you are a limited liability ..= N. WHO IS AN INSURED–LIABILITY FOR CON- company), any of your trustees who is an mme DUCT OF UNNAMED PARTNERSHIPS OR Individual(if you are a trust), any of your JOINT VENTURES "executive officers"or directors(if you are an organization other than a partnership, �. The following replaces the last paragraph of oz=rajoint venture, limited liability company or ' ,e=".. SECTION 11–WHO IS AN INSURED: trust) or any "employee" authorized by „m No person or organization Is an insured with re- you to give notice of an "occurrence" or -= sped to the conduct of any current or past part- offense. ® nership or joint venture that Is not shown as a (2) If you are a partnership,joint venture,lim- Named Insured in the Declarations. This pare- .' graph does not apply to any such partnership or Red liability company or trust,and stone of joint venture that otherwise qualifies as an in your partners, joint venture members, sured under Section II–Who Is An Insured. managers or trustees are individuals,no- hoe to us of such"occurrence"or offense � O. MEDICAL PAYMENTS–INCREASED LIMITS must begiven as soon as only practicable eC The following replaces Paragraph 7.of SECTION after the"occurrence"or offense is known a� III–LIMITS OF INSURANCE: by: 7. Subject to 5. above, the Medical Expense (a) Any individual who is: Limit is the most we will pay under Coverage .M C for all medical expenses because of"bodily (7 A partner or member of any part- I —` injury"sustained by any one person, and will nership or joint venture; be the higher of: (Ii) A manager of any limited liability •. (a) $10,000;or company; CG D4 17 01 12 02012 The Travelers Indiannty Company. All rights reserved. Page 5 of 6 Incudes copyrighted material of Inaumnoe SeMces Orrice,Inc.van Its permission. COMMERCIAL GENERAL LIABILI.Y (iii)A trustee of any trust;or abrupt commencement, this Paragraph e. (v)An executive officer or director of does not affect that requirement. any other organization; R. UNINTENTIONAL OMISSION that is your partner, joint venture The following Is added to Paragraph 6., Repre- member,manager or trustee;or septations, of SECTION IV — COMMERCIAL (b) Any "employee" authorized by such GENERAL LIABILITY CONDmONs: partnership, joint venture, limited li- The unintentional omission of,or unintentional ar- ability company,trust or other organi- rot in, any information provided by you which we zation to give notice of an 'occur- relied upon In issuing this policy will not prejudice rence"or offense, your rights under this insurance. However, this (3) Notice to us of such "occurrence" or of- provision does not affect our right to collect addl- tense will be deemed to be given as soon tional premium or to exercise our rights of cancel- as practicable if it is given In good faith as latlon or nonrenewal in accordance with epplica- soon as practicable to your workers' ble insurance laws or reguattons- • compensation Insurer.This applies only if S. BLANKET WAIVER OF SUBROGATION you subsequently give notice to us of the The following Is added to Paragraph 8.,Transfer "occurrence"or offense as soon as prac- Of Rights Of Recovery Against Others To Us, ticable after any of the persons described of SECTION IV—COMMERCIAL GENERAL LI- In Paragraphs e.(1)or(2)above discov- ABILITY CONDITIONS: ars that the"occurrence or offense may result in sums to which the insurance If the insured has agreed in a contract or agree- provided under this Coverage Part may ment to waive that insured's right of recovery aPpiy• against any person or organization,we waive our However, if this policy includes an endorse- right of recovery against such person or organiza- ment that provides limned coverage for"bod- tion,but only for payments we make because of: ily Injury" or "property damage" or pollution a. "Bodily injury" or"property damage" caused costs arising out of a discharge, release or by an"occurrence"that takes place;or escape of`pollutants" which contains a re- b. "Personal- injury' or "advertising injury" quirement that the discharge, release or es- caused by an offense that Is committed; cape of "pollutants" must be reported to us subsequent to the execution of the contract or within a specific number of days after Its agreement. • Page B of B e 20t2 The Travelers Indamnity Company. All rights reserved. CG D4171!1 12 Includes copyrighted mate el of Immense Services Office,Inc.with Its permission. 144 -o4G ZAYOGRO-01 BOLDENJA ACCORD° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Willis Towers Watson Certificate Center Willis of Colorado,Inc. PHONE 877 FAX 467-2378 do 26 Century Blvd (A/C,No,Ext):( )945-7378 (ac,No): (888) P.O.Box 305191 E-MAIL certificates@willis.com Nashville,TN 37230-5191 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Charter Oak Fire Insurance Company 25615 INSURED INSURER B:Phoenix Insurance Company 25623 Zayo Group,LLC INSURER C: 1805 29th Street Ste 2050 INSURER D: Boulder,CO 80301 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDLISUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A II XI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 660-96867518-COF-16 08/01/2016 08/01/2017 DAMAGES( RENTED 1,000,000 PREMISES{Ea occurrence) $ MED EXP(Any one person) $ 10,000 J PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: I$ 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B ! X j ANY AUTO X 810-5121 N520-PHX-16 08/01/2016 08/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ I 1 DED I I RETENTION$ $ 'WORKERS COMPENSATION I PER I OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage for XCU is provided under General Liability policy. City of Spokane Valley is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE City Clerk 604;4 e.. 11707 East Sprague Avenue,Suite 106 ,Spokane Valley,WA 99206 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Policy Number:630-9B867518-COF-16 VJMMERCIAL GENERAL LIABILITY Effective: 8/1/2016-8/1/2017 Insured: Zayo Group, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE--This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage — Exception J. Blanket Additional Insured — Lessors Of Leased To Expected Or Intended Injury Exclusion Equipment B. Non-Owned Watercraft Less Than 75 Feet K. Blanket Additional Insured — Persons Or Organi- c. Aircraft Chartered With Pilot zations For Your Ongoing Operations As Re- quired By Written Contract Or Agreement D. Damage To Premises Rented To You L. Blanket Additional Insured—Broad Form Vendors E. Increased Supplementary Payments M. Who Is An Insured—Unnamed Subsidiaries F. Who Is An Insured — Employees And Volunteer N. Who Is An Insured— Liability For Conduct Of Un- Workers—First Aid named Partnerships Or Joint Ventures G. Who Is An Insured — Employees — Supervisory O. Contractual Liability—Railroads Positions H. Who Is An Insured — Newly Acquired Or Formed P. Knowledge And Notice Of Occurrence Or Offense Organizations Q. Unintentional Omission I. Blanket Additional Insured — Owners, Managers R. Blanket Waiver Of Subrogation Or Lessors Of Premises PROVISIONS of SECTION 1 — COVERAGES — COVERAGE A A. REASONABLE FORCE PROPERTY DAMAGE— BODILY INJURY AND PROPERTY DAMAGE EXCEPTION TO EXPECTED OR INTENDED IN- LIABILITY: JURY EXCLUSION (2) A watercraft you do not own that is: The following replaces Exclusion a., Expected Or (a) Less than 75 feet long; and Intended Injury, in Paragraph 2., of SECTION I— (b) Not being used to carry any person or COVERAGES — COVERAGE A BODILY IN- property for a charge. JURY AND PROPERTY DAMAGE LIABILITY: C. AIRCRAFT CHARTERED WITH PILOT a. Expected Or Intended Injury Or Damage The following is added to Exclusion g., Aircraft, "Bodily injury" or"property damage" expected Auto Or Watercraft,in Paragraph 2.of SECTION or intended from the standpoint of the in- 1 — COVERAGES — COVERAGE A BODILY IN- sured. This exclusion does not apply to "bod- JURY AND PROPERTY DAMAGE LIABILITY: • ily injury" or"property damage" resulting from This exclusion does not apply to an aircraft that the use of reasonable force to protect any person or property. is: B. NON-OWNED WATERCRAFT LESS THAN 75 (a) Chartered with a pilot to any insured; FEET (b) Not owned by any insured; and The following replaces Paragraph (2) of Exclusion (c) Not being used to carry any person or prop- g., Aircraft, Auto Or Watercraft, in Paragraph 2. erty for a charge. CG D4 17 07 08 ©2008 The Travelers Companies,Inc. Page 1 of 6 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: 630-9B867518-IND-15 Effective: 8/1/2015 -8/1/2016 Insured: Zayo Group, LLC e COMMERCIAL GENERAL LIABIL.1Y D. DAMAGE TO PREMISES RENTED TO YOU 5. The following is added to the DEFINITIONS 1. The first paragraph of the exceptions in Ex- Section: clusion j., Damage To Property, in Para- "Premises damage" means "property dam- graph 2. of SECTION I – COVERAGES – age"to: COVERAGE A BODILY INJURY AND a. Any premises while rented to you or tern- PROPERTY DAMAGE LIABILITY is deleted. porarily occupied by you with permission 2. The following replaces the last paragraph of of the owner; or • Paragraph 2., Exclusions, of SECTION I – b. The contents of any premises while such COVERAGES - COVERAGE A BODILY IN- premises is rented to you, if you rent such JURY AND PROPERTY DAMAGE LIABIL- premises for a period of seven or fewer ITY: consecutive days. Exclusions c., g. and h., and Paragraphs (1), 6. The following replaces Paragraph 4.b.(1)(b) (3) and (4) of Exclusion j., do not apply to of SECTION IV – COMMERCIAL GENERAL "premises damage". Exclusion f.(1)(a) does LIABILITY CONDITIONS: not apply to "premises damage" caused by fire unless Exclusion f. of Section I – Cover- (b) That is insurance for "premises damage"; age A – Bodily Injury And Property Damage or Liability is replaced by another endorsement 7. Paragraph 4.b.(1)(c) of SECTION IV – to this Coverage Part that has Exclusion –All COMMERCIAL GENERAL LIABILITY CON- Pollution Injury Or Damage or Total Pollution DITIONS is deleted. Exclusion in its title. A separate limit of insur- E. INCREASED SUPPLEMENTARY PAYMENTS ance applies to "premises damage" as de- scribed in Paragraph 6. of Section III – Limits 1- The following replaces Paragraph 1.b. of Of Insurance. • ' SUPPLEMENTARY PAYMENTS – COVER- AGES A AND B of SECTION I – COVER- 3. The following replaces Paragraph 6. of SEC- AGES: TION III–LIMITS OF INSURANCE: b. Up to $2,500 for cost of bail bonds re- 6. Subject to 5. above, the Damage To quired because of accidents or traffic law Premises Rented To You Limit is the most we will pay under Coverage A for violations arising out of the use of any damages because of"premises damage" vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur „_ to any one premises. nish these bonds. The Damage To Premises Rented To 2. The following replaces Paragraph 1.d. of You Limit will be: SUPPLEMENTARY PAYMENTS – COVER- D— a. The amount shown for the Damage AGES A AND B of SECTION I – COVER- To Premises Rented To You Limit on AGES: the Declarations of this Coverage d. All reasonable expenses incurred by the Part; or insured at our request to assist us in the 0—.. b. $100,000 if no amount is shown for investigation or defense of the claim or W� the Damage To Premises Rented To "suit", including actual loss of earnings up Imo-- You Limit on the Declarations of this to $500 a day because of time off from Coverage Part. work. ,— 4. The following replaces Paragraph a. of the F. WHO IS AN INSURED – EMPLOYEES AND o-- definition of"insured contract" in the DEFINI- VOLUNTEER WORKERS–FIRST AID TIONS Section: 1. The following is added to the definition of"oc- a. A contract for a lease of premises. How- currence" in the DEFINITIONS Section: ever, that portion of the contract for a Unless you are in the business or occupation lease of premises that indemnifies any of providing professional health care services, person or organization for "premises "occurrence" also means an act or omission damage" is not an "insured contract"; committed by any of your "employees" or "volunteer workers", other than an employed Page 2 of 6 ©2008 The Travelers Companies,Inc. CG D4 17 07 08 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: 630-9B867518-IND-15 t...JMMERCIAL GENERAL LIABILITY Effective: 8/1/2015-8/1/2016 Insured: Zayo Group, LLC or volunteer doctor, in providing or failing to or in which you maintain the majority provide first aid or"Good Samaritan services" ownership interest, will qualify as a to a person. Named Insured if there is no other insur- 2. The following is added to Paragraph 2.a.(1) of ance which provides similar coverage to SECTION II—WHO IS AN INSURED: that organization. However: Unless you are in the business or occupation a. Coverage under this provision is af- of providing professional health care services, forded only: Paragraphs (1 )(a), (b), (c) and (d) above do (1) Until the 180th day after you ac- not apply to "bodily injury" arising out of pro- quire or form the organization or viding or failing to provide first aid or "Good the end of the policy period, Samaritan services" by any of your "employ- whichever is earlier, if you do not ees" or "volunteer workers", other than an report such organization in writing employed or volunteer doctor. Any of your to us within 180 days after you "employees" or "volunteer workers" providing acquire or form it; or or failing to provide first aid or"Good Samari- (2) Until the end of the policy period, tan services" during their work hours for you when that date is later than 180 will be deemed to be acting within the scope days after you acquire or form of their employment by you or performing du- such organization, if you report ties related to the conduct of your business. such organization in writing to us 3. The following is added to Paragraph 5. of within 180 days after you acquire SECTION III—LIMITS OF INSURANCE: or form it, and we agree in writing For the purposes of determining the applica- that it will continue to be a ble Each Occurrence Limit, all related acts or Named Insured until the end of omissions committed by any of your"employ- the policy period; ees" or "volunteer workers" in providing or b. Coverage A does not apply to "bodily failing to provide first aid or"Good Samaritan injury" or "property damage" that oc- services"to any one person will be deemed to curred before you acquired or formed be one"occurrence". the organization; and 4. The following is added to the DEFINITIONS c. Coverage B does not apply to "per- Section: sonal injury" or "advertising injury" "Good Samaritan services" means any emer- arising out of an offense committed gency medical services for which no compen- before you acquired or formed the sation is demanded or received. organization. G. WHO IS AN INSURED — EMPLOYEES — SU- I. BLANKET ADDITIONAL INSURED — OWNERS, PERVISORY POSITIONS MANAGERS OR LESSORS OF PREMISES The following is added to Paragraph 2.a.(1) of The following is added to SECTION II —WHO IS SECTION II—WHO IS AN INSURED: AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply Any person or organization that is a premises to "bodily injury" or "personal injury" to a co- owner, manager or lessor is an insured, but only "employee" in the course of the co-"employee's" with respect to liability arising out of the owner- , employment by you arising out of work by any of ship, maintenance or use of that part of any prem- your "employees" who hold a supervisory posi- ises leased to you. tion. The insurance provided to such premises owner, H. WHO IS AN INSURED — NEWLY ACQUIRED manager or lessor does not apply to: OR FORMED ORGANIZATIONS a. Any "bodily injury" or "property damage" The following replaces Paragraph 4. of SECTION caused by an "occurrence" that takes place, H—WHO IS AN INSURED: or "personal injury" or "advertising injury" caused by an offense that is committed, after 4. Any organization you newly acquire or you cease to be a tenant in that premises; or form, other than a partnership or joint venture, of which you are the sole owner CG D4 17 07 08 02008 The Travelers Companies,Inc. Page 3 of 6 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: 630-96867518-IND-15 Effective: 8/1/2015-8/1/2016 COMMERCIAL GENERAL LIABIL, i'Y Insured: Zayo Group, LLC b. Structural alterations, new construction or Any person or organization that is.a vendor and demolition operations performed by or on be- that you have agreed in a written contract or half of such premises owner, manager or les- agreement to include as an additional insured on sor. this Coverage Part is an insured, but only with re- J. BLANKET ADDITIONAL INSURED – LESSORS spect to liability for "bodily injury" or "property OF LEASED EQUIPMENT damage"that: The following is added to SECTION II – WHO IS a. Is caused by an"occurrence"that takes place AN INSURED: after you have signed and executed that con- Any person or organization that is an equipment tract or agreement; and lessor is an insured, but only with respect to Habil- b. Arises out of "your products" which are dis- ity for "bodily injury", "property damage", "per- tributed or sold in the regular course of such sonal injury" or "advertising injury" caused, in vendor's business. whole or in part, by your acts or omissions in the The insurance provided to such vendor is subject maintenance, operation or use by you of equip- to the following provisions: ment leased to you by such equipment lessor. a. The limits of insurance provided to such ven- The insurance provided to such equipment lessor dor will be the limits which you agreed to pro- does not apply to any "bodily injury" or "property vide in the written contract or agreement, or damage" caused by an "occurrence" that takes the limits shown in the Declarations, which- place, or "personal injury" or "advertising injury" ever are less. caused by an offense that is committed, after the b. The insurance provided to such vendor does equipment lease expires. not apply to: K. BLANKET ADDITIONAL INSURED– PERSONS OR ORGANIZATIONS FOR YOUR ONGOING (1) Any express warranty not authorized by you; OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT (2) Any change in "your products" made by The following is added to SECTION II –WHO IS such vendor, AN INSURED: (3) Repackaging, unless unpacked solely for •"' the purpose of inspection, demonstration, Any person or organization that is not otherwise testing, or the substitution of parts under an insured under this Coverage Part and that you instructions from the manufacturer, and have agreed in a written contract or agreement to then repackaged in the original container, • include as an additional insured on this Coverage Part is an insured, but only with respect to liability (4) Any failure to make such inspections, ad- for"bodily injury"or"property damage"that: justments, tests or servicing as vendors a. Is caused by an"occurrence"that takes place agree to perform or normally undertake to perform in the regular course of business, after you have signed and executed that con- - in connection with the distribution or sale tract or agreement; and �,— - of"your products"; b. Is caused, in whole or in part, by your acts or (5) Demonstration, installation, servicing or Inommminl omissions in the performance of your ongoing repair operations, except such operations operations to which that contrail or agree- - performed at such vendor's premises in ment applies or the acts or omissions of any connection with the sale of "your prod- person or organization performing such op- ucts"; or erations on your behalf. (6) "Your products" which, after distribution The limits of insurance provided to such insured or sale by you, have been labeled or re- will be the limits which you agreed to provide in labeled or used as a container, part or in- the written contract or agreement, or the limits gradient of any other thing or substance shown in the Declarations, whichever are less. by or on behalf of such vendor. L. BLANKET ADDITIONAL INSURED – BROAD Coverage under this provision does not apply to: FORM VENDORS The following is added to SECTION Il –WHO IS a. Any person or organization from whom you have acquired "your products", or any ingre- AN INSURED: Page 4 of 6 ©2008 The Travelers Companies,Inc. CG D4 17 07 08 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Insured: Zayo Group, LLC Policy Number: 630-96867518-IND-15 CuMMERCIAL GENERAL LIABILITY Effective: 8/1/2015- 8/1/2016 dient, part or container entering into, accom- P. KNOWLEDGE AND NOTICE OF OCCUR- panying or containing such products; or RENCE OR OFFENSE b. Any vendor for which coverage as an addi- The following is added to Paragraph 2., Duties In tional insured specifically is scheduled by en- The Event of Occurrence, Offense, Claim or dorsement. Suit, of SECTION IV — COMMERCIAL GEN- M. WHO IS AN INSURED — UNNAMED SUBSIDI- ERAL LIABILITY CONDITIONS: ARIES e. The following provisions apply to Paragraph The following is added to SECTION II —WHO IS a. above, but only for the purposes of the in- AN INSURED: surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. Any of your subsidiaries, other than a partnership of Section II—VVho Is An Insured: or joint venture, that is not shown as a Named In- sured in the Declarations is a Named Insured if: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- a. You maintain an ownership interest of more ble only after the "occurrence" or offense than 50% in such subsidiary on the first day is known to you (if you are an individual), of the policy period; and any of your partners or members who is b. Such subsidiary is not an insured under simi- an individual (if you are a partnership or lar other insurance, joint venture), any of your managers who No such subsidiary is an insured for"bodily injury" is an individual (if you are a limited liability or "property damage" that occurred, or "personal company), any of your trustees who is an injury" or "advertising injury" caused by an of- individual (if you are a trust), any of your fense committed: "executive officers" or directors (if you are an organization other than a partnership, a. Before you maintained an ownership interest joint venture, limited liability company or of more than 50% in such subsidiary; or trust) or any "employee" authorized by b. After the date, if any, during the policy period you to give notice of an "occurrence" or that you no longer maintain an ownership in- offense. terest of more than 50%in such subsidiary. (2) If you are a partnership, joint venture, lim- N. WHO'IS AN INSURED — LIABILITY FOR CON- ited liability company or trust, and none of DUCT OF UNNAMED PARTNERSHIPS OR your partners, joint venture members, JOINT VENTURES managers or trustees are individuals, no- The following replaces the last paragraph of tice to us of such "occurrence" or offense SECTION II—WHO IS AN INSURED: must be given as soon as practicable only after the "occurrence" or offense is known No person or organization is an insured with re- by: spect to the conduct of any current or past part- nership or joint venture that is not shown as a (a) Any individual who is: Named Insured in the Declarations. This para- (i) A partner or member of any part- graph does not apply to any such partnership or nership or joint venture; joint venture that otherwise qualifies as an in- (ii) A manager of any limited liability sured under Section II—VVho Is An Insured. company; O. CONTRACTUAL LIABILITY—RAILROADS (iii)A trustee of any trust; or 1. The following replaces Paragraph c. of the (iv)An executive officer or director of definition of "insured contract" in the DEFINI- any other organization; TIONS Section: that is your partner, joint venture c. Any easement or license agreement; member, manager or trustee; or 2. Paragraph f.(1) of the definition of "insured (b) Any "employee" authorized by such contract" in the DEFINITIONS Section isde- partnership, joint venture, limited Ii- leted. ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. CG D4 17 07 08 C.)2008 The Travelers Companies, Inc. Page 5 of 6 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: 630-96867518-IND-15 Effective: 8/1/2015 -8/1/2016 COMMERCIAL GENERAL LIABIL,I Y Insured: Zayo Group, LLC (3) Notice to us of such "occurrence" or of- The unintentional omission of, or unintentional fense will be deemed to be given as soon error in, any information provided by you which as practicable if it is given in good faith as we relied upon in issuing this policy will not preju- soon as practicable to your workers' dice your rights under this insurance. However, compensation insurer. This applies only if this provision does not affect our right to collect you subsequently give notice to us of the additional premium or to exercise our rights of "occurrence" or offense as soori as prac- cancellation or nonrenewal in accordance with ticable after any of the persons described applicable insurance laws or regulations. in Paragraphs e. (1) or (2) above discov- R. BLANKET WAIVER OF SUBROGATION ers that the "occurrence" or offense may result in sums to which the insurance The following is added to Paragraph 8., Transfer • provided under this Coverage Part may Of Rights Of Recovery Against Others To Us, apply. of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: However, if this policy includes an endorse- ment that provides limited coverage for "bod_ If the insured has agreed in a contract or agree- ily injury" or "property damage" or pollution ment to waive that insureds right of recovery costs arising out of a discharge, release or against any person or organization, we waive our- escape of "pollutants" which contains a re- right of recovery against such person or organiza- quirement that the discharge, release or es- tion, but only for payments we make because of: cape of "pollutants" must be reported to us a. "Bodily injury" or "property damage" caused within a specific number of days after its by an "occurrence"that takes place; or abrupt commencement, this Paragraph e. b. "Personal injury" or "advertising injury" does not affect that requirement. caused by an offense that is committed; Q. UNINTENTIONAL OMISSION subsequent to the execution of the contract or The following is added to Paragraph 6., Repre- agreement. sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: mmur o= Ower mommos mani0 T 0= • o. • r�r Page 6 of 6 ©2008 The Travelers Companies,Inc. CG D4 17 07 08 Includes the copyrighted material of Insurance Services Office,Inc.with its permission.