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Ordinance 13-011 Grants Franchise CO13-256
CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 13-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO ZAYO GROUP, LLC TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service"; and WHEREAS, RCW 35A.47,040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's Legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective"; and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). Ordinance 13-011 Zayo Telecommunications Franchise Page 1 of 14 "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "overbuilding" shall mean adding additional fiber capacity to an existing conduit housing fiber optic cable, "overlashing" shall mean the act of lashing new fiber optic cable to an existing aerial fiber optic cable. "permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. "product" shall refer to the item, thing or use provided by the Grantee. "public property" shall mean any real estate or any facility owned by the City. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. "relocation" shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation or repair of another entity's facilities in the rights- of-way, including Grantor's facilities. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommmnications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto the Zayo Group (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise Ordinance 13-011 Zayo Telecommunications Franchise Page 2 of 14 (hereinafter the "franchise"). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. 1. Grantee agrees to reserve to the City the right to access four dark fiber strands (two pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal, non-commercial use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. It is the intent of Grantor and Grantee that any additional fiber capacity resulting from overbuilding, overIashing, or relocation of Grantee's facilities shall not be considered a new route for purposes of increasing the number of dark fiber strands available for use by Grantor, except as set forth under 4.3, below. 2. The City has the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits; provided that all splicing shall be sole responsibility of the Grantee. The City shall provide at least 30 days' written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall enter into Grantee's standard "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers, except cost, which is set forth herein. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. 3. In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply: A. If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate, B. If the City is not using the fibers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. If Grantee installs additional fiber capacity, the City's right to use four dark fiber stands as set forth in subsections 1 and 2, immediately above, shall again be in effect. 4. All access, interconnection and maintenance to and on the City Reserved Fibers shall be performed by Grantee. The City shall pay all costs associated with such work to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this franchise Ordinance. 5. Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the Public Works Director may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal, non-commercial purposes. A. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. Ordinance 13-01 I Zayo Telecommunications Franchise Page 3 of 14 B. This section shall not affect the provision of an institutional network by a cable television provider under federal law. C. Grantee shall notify the Public Works Director at least 14 days' prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Grantee shall be subject to all perrnit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights- of-way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non -Interference with Existing Facilities. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of- way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Public Works Director's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights-of-way by or raider the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Public Works Director. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance 13-011 Zayo Telecommunications Franchise Page 4 of 14 franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro -rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. The Grantee shall have the authority to conduct pruning and trimming for access to Grantee's teleconununications facilities in the rights-of-way subject to compliance with the City Code. All such trinuning shall be done at the Grantee's sole cost and expense. Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection of the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require irnmediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 12. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, the Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of Ordinance 13-011 Zayo Telecommunications Franchise Page 5 of 14 the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City 'nay enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's rights-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing telecommunications facilities, the City shall: a) At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project. c) After receipt of such notice and such plans and specifications, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City so as to accommodate the improvement project in accordance with RCW 35.99.060 (2). Ordinance 13-011 Zayo Telecommunications Franchise Page 6 of 14 Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities, If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and alI claims, injuries, damages, losses or suits including attorney fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City, which consent shall not be unreasonably withheld. The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre -removal condition when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or otherwise failed. Grantee may delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City: 1. A route map that depicts the general location of the Grantee's telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic map of the aeriallunderground telecommunications facilities in relation to the right-of-way centerline reference to allow Ordinance 13-011 Zayo Telecommunications Franchise Page 7 of 14 the City to add this information to the City's Geographic Information System ("GIS") program. The information in this subsection shall be delivered to the City by December 1, annually. 2. In connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecornrnunications facilities in order to facilitate design and planning of City improvement projects. 3. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. The information in this subsection shall be delivered to the City by Deceinber 1, annually. 4. In addition to the requirements of subsection 1 of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. 5. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non -disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non -disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then -adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Public Works Director that extending the telecommunications facilities, as proposed, would interfere with the public health, safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of Ordinance 13-011 Zayo Telecommunications Franchise Page 8 of 14 construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Municipal Code and this franchise, City Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days' notice as provided in section 37. Section 27. Indemnification. 1. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: a) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; b) By virtue of Grantee's exercise of the rights granted herein; c) By virtue of the City permitting Grantee's use of the City's rights -of -ways or other public property; d) Based upon the City's inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; e) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right-of-way, or other public place in performance of work or services permitted under a franchise; or f) Based upon radio frequency emissions or radiation emitted from Grantee's equipment located upon the facility, regardless of whether Grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. 2. Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To Ordinance 13-011 Zayo Telecommunications Franchise Page 9 of 14 the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. 3. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any Iitigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. 4. In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the reasonable costs of the City of recovering under this subsection. 5. Grantee's duty to defend, indemnify and hold harmless City against Iiability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4,24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. 6. Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City -owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and Iost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. 7. The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Applicant's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at Iaw or in equity. 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all Ordinance 13-011 Zayo Telecommunications Franchise Page 10 of 14 owned, non -owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and 2. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be named as an insured under the Applicant's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: The Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days' prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating allot less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed twenty-five thousand dollars, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure perforrnance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification, The City and Grantee hereby reserve the right to alter, amend or Ordinance 13-011 Zayo Telecommunications Franchise Page 11 of 14 modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60 -day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein, Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Ordinance 13-011 Zayo TeIeconununications Franchise Page 12 of 14 Grantee: Zayo Group, LLC Attn: Leal Department 1805 29` Street Boulder, CO 80301 Phone: (303) 854-5271 Facsimile: (303) 604-6869 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law, (A"tir PASSED by the City Council this 13`1' day of Augu J� Christine Bainbridge, CityClerk Approved as t Form:, , r�7) 40 1,40-4,8Office 5 the Ci' orney Date of Publication: i '-3 -` G-7Dd/—_ Effective Date:? „2(JL3 Ordinance 13-011 Zayo Telecommunications Franchise Page 13 of 14 Accepted by Zayo Grou , LLC: By: The Grantee, Zayo Group, LLC, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, C7r2qq 5rrJr-1b2X er has signed this i 5 day of _ , 2013. Subscribed and s.�{,din before me this 15 day of )4ugv54- , 2013. L4t: r/L t: i _,/ Notary Public in and, for the State of ('o ! orc c. cr (II residing in ��'ould My commission expires 10�4 NICOLE L MATTHEW$ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124070670 MY COMMISSION EXPIRES OCTOBER 29, 2016 Ordinance 13-011 Zayo Telecom n nications Franchise Page I4 of 14 47 3841 9? . ' (` 1:4'37 7' ., Z471 �� ►3-25c, �—.445 ZAYOGRO-01 CRUNKCO ACORE)- DATE(MM/DDNYY`n �-� CERTIFICATE OF LIABILITY INSURANCE 12/20/2016 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(les)must have ADDITIONAL INSURED provisions or 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 C TACT Willis Towers Watson Certificate Center Willis of Colorado,Inc. PHONE FAX No 888 467-2378 c%26 Century Blvd (arc,NO,Ext):(877)945-7378 I( ):( ) P.O.Box 305191 E-MAILADDRESS:certificates©willis.com Nashville,TN 37230-5191 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:Sentry Casualty Company 28460 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 660-96867518-C0F-16 08/01/2016 08/01/2017 PREMISES Ea occurrence) $ 1,000,000 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 X spa_ LOC PRODUCTS-COMP/OP AGG ($ 2,000,000 OTHER: $ COMBIB AUTOMOBILE LIABILITY Ea accident)ED SINGLE LIMIT $ 1,000,000 X ANY AUTO X 810-5121 N520-PHX-16 08/01/2016 08/01/2017 BODILY INJURY(Per person) $ — OWNED SCHEDULED AUTOS ONLY _ AUTOS SSyy p BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLY (PFM accRidenTY t) MAGE $ er DA $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE .___$__ DED RETENTION$ $ C AND EMPLOYERS'UABILITY X STATUTE ERH 90-20463-01 01/01/2017 01/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT • $ FF10ER/MEMBEER EXCLUDED? N N/A (Mandatory m NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Workers Compensation 90-20463-02 01/01/2017 01/01/2018 See Attached 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 Attn:City Clerk 60 '"a{ 4, � 11707 East Sprague Avenue,Suite 106 (Spokane Valley.WA 99206 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE:Workers Compensation and Employers Per Statute Liability-Retro $1,000,000 E.L. Each Accident CARRIER: Sentry Casualty Company $1,000,000 E.L. Disease -Each Employee POLICY TERM: 01/01/2017—01/01/2018 $1,000,000 E.L. Disease -Policy Limit POLICY NUMBER: 90-20463-02 • Policy Number:660-9B867518-COF-16 u.)MMERCIAL 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- JURY LIABILITY: 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- I - 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:660-9B867518-COF-16 Effective: 8/1/2016-8/1/2017 Insured: Zayo Group, LLC • COMMERCIAL GENERAL LIABIL.iY 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, ef-SeetiorNil--- i_-imits - 1. The _following�eplaces_Paragraph a.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 violations arising out of the use of any most we will pay under Coverage A for vehicle to which the Bodily Injury Liability .�` damages because of"premises damage" 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.c#. of o:..=.. You Limit will be: SUPPLEMENTARY PAYMENTS — COVER- 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 �= b. $100,000 if no amount is shown for investigation or defense of the claim or the Damage To Premises Rented To "suit", including actual loss of earnings up �-- You Limit on the Declarations of this to $500 a day because of time off from Coverage Part. work. r. 4. The following replaces Paragraph a. of the F. WHO IS AN INSURED — EMPLOYEES AND definition of"insured contract" in the DEFINI- VOLUNTEER WORKERS—FIRST AID TIONS Section: 1. The following is added to-the definition of a. A contract for a lease of premises. How- currence" in the DEFINITIONS Section: m"-- ever, that portion of the contract for a Unless you are in the business or occupation lease of premises that indemnities 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: 660-9B867518-COF-16 t,..MMERCIAL GENERAL LIABILITY Effective: 8/1/2016-8/1/2017 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, ii—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 ©2008 The Travelers Companies,Inc. Page 3 of 6 Includes the copyrighted material of Insurance Services Office,inc.with its permission. Policy Number:660-9B 867518-COF-16 Effective: 8/1/2016-8/1/2017 COMMERCIAL GENERAL LIABIk.,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- tract or agreement; and Any person or organization that is an equipment lessor is an insured, but only with respect to liabil- b. Arises out of "your products" which are dis- tributedity for "bodily injury", "property damage", "per- 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 jnsurance 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 ' CONTRACT OR AGREEMENT (2) Any change in "your products" made by such vendor, The following is added to SECTION II –WHO IS AN INSURED: (3) Repackaging, unless unpacked solely for IMMAIN 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 0— 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- ,—. tract or agreement; and in connection with the distribution or sale 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 ,....••••1••••1 erations on your behalf. (6) "Your products" which, after distribution o.— 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 gredient 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 a. Any person or organization from whom you The following is added to SECTION II –WHO IS have acquired "your product's", 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. I ------ Policy Number:660-9B867518-COF-16 Insured:Zayo Group, LLC Effective: 8/1/2016-8/1/2017 ( ..iMMERCIAL GENERAL LIABILITY 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-Who 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 practice- 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•i_S 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 li-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-Who 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 is.de- partnership, joint venture, limited li- leted. ability company, trust or other organi- zation to give notice of an "occur- ' rence" or offense. CG D4 17 07 08 ©2008 The Travelers Companies,Inc. Page 5 of 6 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number:660-9B867518-COF-16 Effective:8/1/2016-8/1/2017 COMMERCIAL GENERAL LIABIL1,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 soon 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- If the insured has agreed in a contract or agree- ment that provides limited coverage for"bod- rent to waive that insured's right of recovery ily injury" or "property damage" or pollution 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: • r o,NS • 0= • oma. o. mMEM vi r , • 0 oma. r.rr • m • 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. Page 1 of 1 ACCIRDATE(MM/DD/YYY`n CERTIFICATE OF LIABILITY INSURANCE 12/29/2017 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 have ADDITIONAL INSURED provisions or 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 CenturyBlvd1-877-945-7378 1-888-467-2378 (A/C,AIL Ext): (A/C,No): P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Great Northern Insurance Company 20303 INSUREDINSURER B: Federal Insurance Company 20281 Zayo Group, LLC 1805 29th Street, Suite 2050 INSURER C: Sentry Casualty Company 28460 Boulder, CO 80301 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W4999193 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. INSRY EXP LTYPE OF INSURANCE NSD ADDL SWVD POLICY NUMBER (UBR MMIDDY�) (MM/LD//YY Y) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,000 MAGE TO RENTE CLAIMS-MADE X OCCUR PREM SES Ea occurre $ 1,000,000 A MED EXP(Any one person) $ 10,000 3604-53-52 08/01/2017 08/01/2018 PERSONAL 8,ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ g OWNED —SCHEDULED y 7359-90-85 08/01/2017 08/01/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED — NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABILITY C ANYPROPRIETOR/PARTNER/EXECUTIVE Y� NIA 90-20463-01 01/01/2018 01/01/2019 E.L.EACH ACCIDENT 1,000,000 $ OFFICER/MEMBEREXCLUDED7 I I 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Workers Compensation 90-20463-02 01/01/2018 01/01/2019 E.L. Each Accident $1,000,000 6 Employers Liability E.L. DISEASE-Each Esc$1,000,000 Per Statute E.L.DISEASE-POL LIMIT$1,000,000 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 Attn: City Clerk AUTHORIZED REPRESENTATIVE 10210 E. Sprague Avenue I ' 0144.,1 Spokane Valley, WA 99206 "+r ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 5R ID: 15473752 BATCH: 554383 C H U B B' Liability insurance Endorsement Policy Period AUGUST 1,2017 TO AUGUST 1,2018 Effective Date AUGUST 1,2017 Policy Number 3604-53-52 DEN insured ZAYO GROUP LLC Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued AUGUST 3,2017 This Endorsement applies to the following forms: GENERAL LIABILITY . .'":�me ,4 wawa flim ads"`�i _ u'. ,M .,- •..,..,..,:-._.;,>.,. "ems`..—`r' "� Under Who Is An Insured,the fallowing provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are Insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However,the person or organization is an Insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contractor agreement requires the person or organization to be afforded status as an Insured; • for activities that did not occur,In whole or in part,before the execution of the contract or agreement and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provisiocc • that Is more specifically identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a contract or int.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organizatlan would have to the absence of such contractor agreement. Uabilky insraanc• Addltional 1nswnd-eahsddd 4 Person Or continued Form 087(Rov. Endorsernsrrt Pees I CHUBB° Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you ere obligated,pursuant to a contractor agreement,to provide the person or organization Primary,Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Liability assurance Addiffonattneured-ScheduledPerson O►Oniantasion Bast PAPP Form $67(Rev.5-07) Encibriement ARV 8 13a..5-� _ Page 1 of 1 ARD CERTIFICATE OF LIABILITY INSURANCE D07/31/20 8 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(les)must have ADDITIONAL INSURED provisions or 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. PHONEFAX (A/C.No.Ext): 1-877-945-7378 (AIC.No): 1-888-467-2378 o/o 26 Century Blvd E-MAIL P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Great Northern Insurance Company 20303 INSURED INSURER B: Federal Insurance Company 20281 Zayo Group, LLC 1805 29th Street, Suite 2050 INSURERC: Sentry Casualty Company 28460 Boulder, CO 80301 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W709904l 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR JNSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 1,000,000 A MED EXP(Any one person) $ 10,000 Y 3604-53-52 08/01/2018 08/01/2019PERSONAL8ADVINJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B — OWNED SCHEDULED y 7359-90-85 08/01/2018 08/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - HIRED . NON-OWNED PROPERTY DAMAGE $ ' AUTOS ONLY AUTOS ONLY (Per accident) $ lill UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER - C ANYPROPRIETOR/PARTNERJEXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 . OFFICERIMEMBEREXCLUDED7 n N/A 90-20463-01 01/01/2018 01/01/2019 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Workers Compensation 90-20463-02 01/01/2018 01/01/2019 E.L. Each Accident $1,000,000 & Employers Liability E.L.Disease-Each Emp $1,000,000 Per Statute E.L.Disease-Pol Limit$1,000,000 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 Attn: City Clerk AUTHORIZED REPRESENTATIVE 10210 E. Sprague Avenue 60%4 4'� Spokane Valley, WA 99206 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 16510490 HATCH: 809115 Zayo Group, LLC Named Insured Schedule 8/1/2018 - 8/1/2019 360Networks(USA)Inc. 360Networks Illinois LLC 360Networks Iowa,LLC 360Networks Kentucky,LLC 360Networks Louisiana,LLC 360Networks Michigan,LLC 360Networks Mississippi,LLC 360Networks Tennessee,LLC 360Networks Vancouver,LTD 360Networks,LLC AboveNet Communications,Inc. AboveNet Communications,LLC AboveNet of Utah,LLC AboveNet,Inc. Access Communications Adesta Communications,Inc. Advanced TelCom,Inc. Allegany Fiber Communications,LLC Allstream Business US,Inc. Allstream Business US,LLC Allstream Inc. American Fiber Systems Holding Corp. American Fiber Systems,Inc. Arialink Services,LLC Arialink Telecom LLC Availius,LLC Castle Access,Inc. Citynet Clearview International,LLC COLO Facilities Atlanta,LLC Colorado Communications Transport,LLC Columbia Fiber LLC dba Fiberlink Communications Infrastructure Investments,LLC Control Room Technologies,LLC CVMS Waco Data Partners, LLC Delphi Solutions Corp. Devnet LLC Eagle-Net Alliance Electric Lightwave Communciations,Inc.dba Integra Telecom,Inc. Electric Lightwave Communications Holdings Electric Lightwave Communications,Inc. Electric Lightwave Holdings,Inc. Electric Lightwave LLC,dba Integra Wholesale Electric Lightwave Parent,Inc. Eschelon Telecom of Arizona,Inc. Eschelon Telecom of Colorado Eschelon Telecom of Minnesota,Inc. Eschelon Telecom of Nevada,Inc. Eschelon Telecom of Oregon,Inc. Eschelon Telecom of Utah,Inc. Eschelon Telecom of Washington,Inc. Eschelon Telecom, Inc.and Subsidiaries FiberGate Fibernet Equal Access,LLC Fibernet Operations Inc. Fibernet Telecom Group,Inc. Fibernet Telecom Inc. FiberTrack,LLC GNAX Holdings,LLC IdeaTek Systems,Inc. Indiana Fiber Works Integra Telecom Holdings,Inc. Integra Telecom of Idaho,Inc. Integra Telecom of Minnesota,Inc. Integra Telecom of North Dakota,Inc.Integra Telecom of Oregon,Inc. Integra Telecom of Utah,Inc. Integra Telecom,Inc. Job 8,LLC KIO Networks Lansing Fiber Communications, LLC Latisys Corporation Latisys Holding Corporation Latisys Holdings,LLC Latisys-Ashburn Holdings Corporation Latisys-Ashburn North,LLC Latisys-Ashburn,LLC Latisys-Chicago,LLC Latisys-Denver,LLC Latisys-Irvine Properties,LLC Local Fiber,LLC Means Communiations Corporation means Internet,Inc. Means Telecom Memphis Networx,LLC Metropolitan Council Midwest Industrial Communications Services,LLC Minnesota Equal Access Facilities Corporation(MEAFCPO) Minnesota Equal Access Network Services,Inc. Minnesota Independent Equal Access Corporation Minnesota Independent Interexchange Corporation(MIIC) Minnesota Regional Network MMW Backhaul Solutions,LLC Monarch Communications Inc. Mountain Telecommunications Inc. Mountain Telecommunications of Arizona,Inc. MRNET,Inc. Near North Partners,LLC Neutral Path Communications,LLC Neutral Path Holdings,LLC Northeastern ITS,LLC Northern Colorado Telecommunications,LLc Northwest Telephone NTI NTI of California,LLC OneEighty Communications,Inc. OpticAccess,LLC Oregon Telecom,Inc. PearlNet,LLC Polaris Telcom PPL Prism,LLc PPL Telcom,LLC Scott-Rice Telephone Co. Shared Communications Services,Inc. Spread Data,LLC Spread Holdings,LLC Spread Networks,LLC Spread Telecommunications,LLc Spred Telecommunications,LLc United Communications,Inc. US Carrier VoIp360 West Central Transport Group,LLC World Communications, Inc.DBA X2 Telecom,LLC Zayo Bandwidth Central,LLC Zayo Bandwidth Indiana,LLC Zayo Bandwidth Northeast Sub,LLC Zayo Bandwidth Northeast,LLC Zayo Bandwidth Northwest,Inc. Zayo Bandwidth Tennessee,LLC Zayo Bandwidth Tri-State,LLC Zayo Bandwidth,LLC Zayo Canada, Inc. Zayo Capital,Inc. Zayo Colocation,LLC Zayo Enterprise Networks Zayo Fiber Enterprises Zayo Fiber Solutions,LLC Zayo Group Canada,Inc. Zayo Group Holding,Inc. Zayo Group Holdings,Inc. Zayo Group,LLC Zayo Group,LLC Zayo Infrastructure Spain SL Zayo Italy SRL Zayo Latin America,LLC Zayo Managed Services LLC Zayo Professional Service,LLC C H U B B• Liability Insurance Endorsement Policy Period AUGUST 1,2018 TO AUGUST 1,2019 Effective Date Policy Number 3604-53-52 DEN Insured ZAYO GROUP LLC Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued IBBEERVIIINONIVEINIUMMINIFs �., _ �. This Endqrsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However,the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured • section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a contract or agreement.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contractor agreement. Liability Insurance Additional Insured-Scheduled Person Or Organization continued Form 80-02-2367(Rev.5-07) Endorsement Page 1 . j'. CHUBB' Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contractor agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule All other terms and conditions remain unchanged. Authorized Representative • 11 Liability Insurance Additional Insured-Scheduled Person Or Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2 . I !3 rJCs r(A Page 1 of 1 Acosta CERTIFICATE OF LIABILITY INSURANCE DATE ) 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 have ADDITIONAL INSURED provisions or 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 c/c 26 Century Blvd INC No Eap- 1-8]]-945-]3]e FAX No) 1-888-46]-23]8 E-MAIL ertifacates@arca is con O. Box 305191 ADDRESS c Nashville, TN 372305191 USA _ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A. Great Northern Insurance Company 20303 INSURED INSURER B. Federal Insurance Company 20201 Zayo Group, LIC -- 1805 29th Street, suits 2050 INSURER C: Sentry Casualty Company 28460 Boulder, CO 80301 USA. INSURERD. INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:W12114919 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 LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IXSR TYPE OFINSURAXLE ADUL WAR POLICY EFF POLICY EXP LIMITS LTRIXSD VND POLICY NUMBER O M/DDIYYYY) IMM/DOIYYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMSESGREN(Ea occurrence) $ 1,000,000 A MED EXP(Any one person) $ 10,000 3604-53-52 08/01/2019 08/01/2020 1,000,000 PERSONAL 8A0V INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X JEg LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER $ AUTOMOBILELIABILITY OMBIINEEDL SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) E B OWNED SCHEDULED Y 7359-90-85 08/01/2019 08/01/2020 BODILY INJURY(Per acadent) $ AUTOS ONLY AUTOS HIRED NOWOWNED PROP ERN DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS LIABILItY STATUTE ER C ANYPROPRIETORIPARTNERIEXECUTNE YIN EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED, No N/A 90-20463-01 01/01/2019 01/01/2020 (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 II describe under DESCRIPTIONOFOPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 C Workers Compensation 90-20463-02 01/01/2019 01/01/2020 E.L. Each Accident $1,000,000 S Employers Liability E L.Disease-Each ETV 81,000,000 Per Statute E L Disease-Pol Lank$1,000,000 DESCRIPTION OF OPERATIONS/LOCATORS I VEHICLES (ACORD 101,Addmonal Remarks Schaduls,may he attached,f more specs is required) Coverage for XCU ire provided under General Liability policy. City of Spokane Valley is included as an Additional Insured as espects 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 Attn. City Clerk AUTHORIZED REPRESENTATIVE 10210 E Sprague Avenue $1�/A /. Spokane Valley, WA 99206 ff.� I� (/ / 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SA ID 18291220 BATCH 1297890 _ _ - A CHUBBm LiabilityInsurance Endorsement Policy Period AUGUST 1,2019 TO AUGUSTI,2020 Effective Date August 1, 2019 PolicyNumber 3604-53-52 DEN Insured ZAYO GROUP LLC Name of Company GREAT NORTH:MN INSURANCE COMPANY Date Issued August 1, 2019 This Endorsement applies to the fallowing forms: GNP.RAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Owners,Lessees Or A. Persons or organizations shown in the Schedulebelow arc insureds;but they arehwrred Contractors-Ongoing only with respect to their liability for bodily Injury,property damage,advertising Injury Operations or personal injury caused,in whole or in part,by: 1. your acts or omissions;or 2. the acts or omissions of those acting on yourbehalf; in the performance of your ongoing operations for the person or organization shown in the Schedule at the applicable location descnbedin the Schedule. However, • the insurance afforded to such person or organization only applies to the extent permitted by law;and • if coverage provided to the person or organization is required by a contract or agreement,the insurance afforded to the person ororgamzafionwill notbebroader than that which you are required by such contract or agreement to provide for the person or organ' anon. Lith 'Insurance Addional Insured-Owners,Lessees Or Contractors-Ongoing Operations,Scheduled conthued Form 80.02-2305(Rev.3-17) Endorsement Page Liability Endorsement (confinved) B. However,no person or organization is an insured for bodily injury or property damage occulting atter: 1, all work,including materials,parts or equipment famished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the person or organization shown in the Schedule at the applicable location described in the Schedule has been completed:or 2. that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as part of the same project. Schedule All other tams and conditions remain unchanged. Authorized Representative last page LOWY/!mance Additional Inured-Owners,Lessees Or Contractors-Ongoing Operations,Scheduled Form 80-02-2805(Rev..317) Endorsement Paget Page 1 of 1 Ali DATE(MM/DD/YYYIr) CERTIFICATE OF LIABILITY INSURANCE 12/24/2019 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 have ADDITIONAL INSURED provisions or 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 Willis Towers Watson Certificate Center NAME: Willis of Colorado, Inc. c/o 26 Century Blvd PHONE No.Ext1: 1-877-945-7378 FAX (A/c. 1-888-467-2378 AIL P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Great Northern Insurance Company 20303 INSURED INSURER B: Federal Insurance Company 20281 Zayo Group, LLC 1805 29th Street, Suite 2050 INSURER C: Sentry Casualty Company 28460 Boulder, CO 80301 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W14962652 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(EaENTED occurrence) $ 1,000,000 A MED EXP(Any one person) $ 10,000 3604-53-52 08/01/2019 08/01/2020 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X FM LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 7359-90-85 08/01/2019 08/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ERH Y/N C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED7 No N/A 90-20463-01 01/01/2020 01/01/2021 - - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Workers Compensation 90-20463-02 01/01/2020 01/01/2021 E.L. Each Accident $1,000,000 5 Employers Liability E.L.Disease-Each Emp $1,000,000 Per Statute E.L.Disease-Pol Limit$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Spokane Valley is included as an Additional Insured as respects to General Liability. 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 REPRESENTTAATIIVEE/ 10210 E. Sprague Ave.Spokane Valley, WA 99206 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19011643 BATCH: 1504589 Page 1 of 1 ACOREY DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/24/2019 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 have ADDITIONAL INSURED provisions or 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 Willis Towers Watson Certificate Center NAME: Willis of Colorado, Inc. PHONE o.Ext) 1-877-945-7378 (NC No): 1-888-467-2378 c/o 26 Century Blvd (A/ P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Great Northern Insurance Company 20303 INSURED INSURERS: Federal Insurance Company 20281 Zayo Group, LLC 1805 29th Street, Suite 2050 INSURERC: Sentry Casualty Company 28460 Boulder, CO 80301 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W14962651 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 ADDL SUBR POLICY EFF POLICY EXP LIMBS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 1,000,000 A MED EXP(Any one person) $ 10,000 3604-53-52 08/01/2019 08/01/2020 PERSONAL$ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEa LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) )( ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 7359-90-85 08/01/2019 08/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ERA Y/N C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED7 No N/A 90-20463-01 01/01/2020 01/01/2021 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Workers Compensation 90-20463-02 01/01/2020 01/01/2021 E.L. Each Accident $1,000,000 & Employers Liability E.L.Disease-Each Emp $1,000,000 Per Statute E.L.Disease-Pol Limit$1,000,000 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 Attn: City Clerk AUTHORIZED REPRESENTATIVE 10210Spoke E. Sprague Avenue /tee^ ei- Spokane Valley, WA 99206 L! ��/ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19011643 BATCH: 1504589 C H U B Em Liability insurance • • Endorsement Policy Period AUGUST 1,2019 TO AUGUST 1,2020 Effective Date August 1,2019 • Policy Number 3604-53-52 DEN insured ZAYO GROUP LLC Name of Company GREAT NORTHERN INSURANCE COMPANY • Date Issued August 1,2019 This Endorsement applies to the following forms: • GiVERAL LIAAILiTY • Under Who Is An Insured,the following provision is added. Who Is An Insured • Owners,Lessees Or A. Persons or organizations shown in the Schedule below are insureds;but they are insureds Contractors-Ongoing only with respect to their liability for bodily injury,property damage,advertising injury Operations or personal injury caused,in whole or in part,by: 1. your acts or omissions;or 2. the acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the person or organization shown in the Schedule at the applicable location described in the Schedule. However, • the insurance affordhd to such person or organization only applies to the extent permitted by law;and • If coverage provided to the person or organization is required by a contract or agreement,the insurance afforded to the person or organization will notb ebroader than • that which you are required by such contract or agreement to provide for the person or organization. • Mallliy Insurance Additional Insured-Owners,Lessees Or Contractors-Ongoing Operations,Scheduled continued Form 80-02 2305(Rev.3-17) Endorsement Page 1 • i • Liability Endorsement. (continued) B. However,no person or organization is an insured for bodily injury or property damage •a occurring after: • 1. all work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the person or organization shown in the Schedule at the applicable location • described in the Schedule has been completed;or 2. that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Schedule • All other terms and conditions remain unchanged, Authorized Representative • I last page • Liability Insurance Additional Insured-Owners,Lessees Or Contractors-Ongoing Operations,Scheduled Form 80-02-2305(Rev.3-17) Endorsement Page 2 Page 1 of 1 A DATE(MM/DD/TYYY) CERTIFICATE OF LIABILITY INSURANCE 12/24/2019 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 have ADDITIONAL INSURED provisions or 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 Willis Towers Watson Certificate Center NAME: Willis of Colorado, Inc. PHONE c/o 26 Century Blvd fA/C.No.Ext): 1-877-945-7378 FAX No): 1-888-467-2378 P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Great Northern Insurance Company 20303 INSURED INSURER B: Federal Insurance Company 20281 Zayo Group, LLC 1805 29th Street, Suite 2050 INSURER C: Sentry Casualty Company 28460 Boulder, CO 80301 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W14962653 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 ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD- POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 1,000,000 A MED EXP(Any one person) $ 10,000 3604-53-52 08/01/2019 08/01/2020 PERSONAL 8ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X yea LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 7359-90-85 08/01/2019 08/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE OTH- ER C ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? 1-7N/A 90-20463-01 01/01/2020 01/01/2021 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Workers Compensation 90-20463-02 01/01/2020 01/01/2021 E.L. Each Accident $1,000,000 & Employers Liability E.L.Disease-Each Emp $1,000,000 Per Statute E.L.Disease-Pol Limit$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate Holder is named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms, conditions, limits and exclusions. 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 10210 E Sprague AveValley, Spokane Valley, WA 99206 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19011643 BATCH: 1504589 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 07/31/2020 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; MARSH USA INC. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; 1225 17TH STREET, SUITE 1300 F.NBJM DENVER, CO 80202-5534 BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ 20303 CN104631043-STND-GAWU-20-21GAWGAW14962651 JOTVSFS!B!;Great Northern Insurance Company JOTVSFE 20281 JOTVSFS!C!;Federal Insurance Company Zayo Group, LLC 28460 JOTVSFS!D!; Sentry Casualty Company 1805 29th Street, Suite 2050 Boulder, CO 80301 JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; SEA-003672450-012 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 08/01/2021 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 08/01/2020 X3604-53-52 DEN 1,000,000 FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 1,000,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 10,000 X Contractual Liability NFE!FYQ!)Boz!pof!qfstpo*% 1,000,000 QFSTPOBM!'!BEW!JOKVSZ% 2,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X2,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU (19)7359-90-8508/01/2020 B 08/01/2021 BVUPNPCJMF!MJBCJMJUZ% 1,000,000 )Fb!bddjefou* BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % 1,000 Comp/Coll Ded. VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 01/01/2020 01/01/2021 C XPSLFST!DPNQFOTBUJPO 90-20463-01 00 201 X TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O 1,000,000 BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* Coverage for XCU is provided under General Liability policy. City of Spokane Valley is included as Additional Insured regarding General Liability and Auto Liability where required by written contract. 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. DFSUJGJDBUF!IPMEFSDBODFMMBUJPO City of Spokane Valley TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Attn: City Clerk UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO 10210 E. Sprague Avenue BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ Spokane Valley, WA 99206 BVUIPSJ\[FE!SFQSFTFOUBUJWF pg!Nbsti!VTB!Jod/ Kpo!Mjoetuspn ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 12/30/2020 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; MARSH USA INC. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; 1225 17TH STREET, SUITE 1300 F.NBJM DENVER, CO 80202-5534 BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ 20303 CN104631043-STND-GAWU-20-22GAWGAW14962651 JOTVSFS!B!;Great Northern Insurance Company JOTVSFE 20281 JOTVSFS!C!;Federal Insurance Company Zayo Group, LLC 28460 JOTVSFS!D!; Sentry Casualty Company 1805 29th Street, Suite 2050 Boulder, CO 80301 JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; SEA-003672450-052 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 08/01/2021 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 08/01/2020 X3604-53-52 DTO 1,000,000 FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 1,000,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 10,000 X Contractual Liability NFE!FYQ!)Boz!pof!qfstpo*% 1,000,000 QFSTPOBM!'!BEW!JOKVSZ% 2,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X2,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU (20)7359-90-8508/01/2020 B 08/01/2021 BVUPNPCJMF!MJBCJMJUZ% 1,000,000 )Fb!bddjefou* BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % 1,000 Comp/Coll Ded. VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 01/01/2021 01/01/2022 C XPSLFST!DPNQFOTBUJPO 90-20463-01 (AOS) X TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O C01/01/202101/01/2022 90-20463-02 (AZ, WI) 1,000,000 BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* Coverage for XCU is provided under General Liability policy. City of Spokane Valley is included as Additional Insured regarding General Liability and Auto Liability where required by written contract. 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. DFSUJGJDBUF!IPMEFSDBODFMMBUJPO City of Spokane Valley TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Attn: City Clerk UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO 10210 E. Sprague Avenue BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ Spokane Valley, WA 99206 BVUIPSJ\[FE!SFQSFTFOUBUJWF pg!Nbsti!VTB!Jod/ Kpo!Mjoetuspn ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 08/02/2021 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS . OBNF; MARSH USA INC. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; 1225 17TH STREET, SUITE 1300 F.NBJM DENVER, CO 80202-5534 BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ 20303 CN104631043-STND-GAWU-21-22GAWGAW14962651 JOTVSFS!B!;Great Northern Insurance Company JOTVSFE 20281 JOTVSFS!C!;Federal Insurance Company Zayo Group, LLC 28460 JOTVSFS!D!; Sentry Casualty Company 1805 29th Street, Suite 2050 Boulder, CO 80301 JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; SEA-003672450-062 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 08/01/2022 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 08/01/2021 X3604-53-52 DTO 1,000,000 FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 1,000,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 10,000 X Contractual Liability NFE!FYQ!)Boz!pof!qfstpo*% 1,000,000 QFSTPOBM!'!BEW!JOKVSZ% 2,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X2,000,000 X QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU 7359-90-8508/01/2021 B 08/01/2022 BVUPNPCJMF!MJBCJMJUZ% 1,000,000 )Fb!bddjefou* SIR: $5,000 BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % 5,000 Comp/Coll Ded. VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 01/01/2021 01/01/2022 C XPSLFST!DPNQFOTBUJPO 90-20463-01 (AOS) X TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O C01/01/202101/01/2022 90-20463-02 (AZ, WI) 1,000,000 BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ 1,000,000 )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 1,000,000 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* Coverage for XCU is provided under General Liability policy. City of Spokane Valley is included as Additional Insured regarding General Liability and Auto Liability where required by written contract. 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. DFSUJGJDBUF!IPMEFSDBODFMMBUJPO City of Spokane Valley TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Attn: City Clerk UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO 10210 E. Sprague Avenue BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ Spokane Valley, WA 99206 BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3127!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE