The URL can be used to link to this page

24-187.00LumenCenturyLinkPinesRoadBNSF Utility Construction Agreement Utility Name&Address Work by Utility— LOCAL AGENCY Cost Qwest Corporation d/b/a CenturyLink QC 931 14th Street, Denver, CO 80202 Agreement Number Project Title/Location 24-187 Pines Rd/BNSF Grade Separation Project Route Cross Streets SR 27/290 From 27 -Mirabeau to Empire 290-Pines-Spokane River Bridge Estimated Agreement Amount $ 279,054.46 This Utility Construction Agreement ("Agreement") is made and entered into between the City of Spokane Valley ("LOCAL AGENCY") and Qwest Corporation d/b/a CenturyLink QC ("Utility"); hereinafter referred to individually as the "Party" and collectively the "Parties." Recitals 1. The LOCAL AGENCY is planning the construction or improvement of the Pines Rd/BNSF Grade Separation Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct certain facilities owned by Utility (hereinafter "Work") as identified in Exhibit A. 2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility's facilities located within the Project area pursuant to a documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of prescriptive right, which is impacted by the LOCAL AGENCY project. 3. The Work shall include all materials, equipment, labor, contract administration (including overhead) and any other cost or effort required to perform the relocation, construction, and/or removal of the Utility's facilities. 4. It is deemed to be in the best public interest for the Utility to perform the Work, which includes relocation and construction of its own facilities for telecommunications services. Now, therefore, pursuant to and in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits A through D which are incorporated and made a part hereof, The Parties mutually agree to the following: 1. Construction, Inspection, and Acceptance 1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, dated 01/2003, is adopted and made a part of this Agreement as if fully contained herein. Page 1 of 14 1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by code, regulation, standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the Utility is solely responsible for the costs of the portion and proportion of the Work that constitutes a betterment. 1.3 Accrued Depreciation: Accrued depreciation may be applied to any of the Utility's major facilities, such as a building, pump station, power plant, etc. Accrued depreciation shall not apply to the Utility's primary facilities, such as pipelines, conductors, poles, cable, conduit, etc. If any Utility facility does qualify for an adjustment due to accrued depreciation as defined in Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the costs are calculated according to the formula in the Program Guide and the result is shown as a Utility cost in Exhibit B Cost Estimate. 1.4 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work per the plans and specifications in Exhibit A, including but not limited to scheduling, construction, removing and/or relocating the Utility's facilities. 1.5 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may have all or part of this Work done by a contractor let by the Utility, as follows: 1.5.1 Before contracting out any Work, the Utility shall obtain written authorization from the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to advertise and solicit bids for the contract Work. 1.5.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility shall provide a copy of all bid documents to the LOCAL AGENCY twenty-one (21) calendar days prior to the advertisement date, or as specified in Exhibit A, for the LOCAL AGENCY comment. 1.5.3 The Utility shall notify the LOCAL AGENCY at least three (3) working days in advance of the location and time of the bid opening so that the LOCAL AGENCY representative may attend the bid opening. 1.5.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to the LOCAL AGENCY within seven (7) calendar days of bid opening. 1.5.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written justification to the LOCAL AGENCY for the use of that contractor and bid price. The LOCAL AGENCY shall review the Utility's written justification, and if the LOCAL AGENCY does not agree therewith and the Utility awards the bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference between the amount of the lowest bid and the amount of the awarded contract. 1.5.6. This Section shall not apply to contract employees performing work for the Utility in the ordinary course of its business. 1.6 If the Utility desires to have the Work performed under an existing contract, the LOCAL AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the Page 2 of 14 contract for the LOCAL AGENCY's written approval of the contractor and contract charges; provided, however, that this provision shall not apply to contract employees performing work for the Utility in the ordinary course of its business. 1.7 The Parties agree that nothing in the LOCAL AGENCY's approval of a Utility contractor or bid shall be for the benefit of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of the LOCAL AGENCY and shall not establish a contractual relationship among the LOCAL AGENCY, the Utility, and the Utility's contractor. 1.8 All of the Utility's Work under this Agreement shall be subject to the LOCAL AGENCY inspection for the sole benefit of the LOCAL AGENCY's payment, and/or the LOCAL AGENCY project. The Utility shall promptly notify the LOCAL AGENCY in writing when the Work is completed. The LOCAL AGENCY shall inspect the Work for compliance with the Exhibits attached to this Agreement. The LOCAL AGENCY will notify the Utility in writing of any non-compliance that would impact the LOCAL AGENCY's payment, state highway and/or the LOCAL AGENCY project. The Utility agrees to make the necessary changes to satisfy the LOCAL AGENCY requirements or adjust the invoice. The LOCAL AGENCY's inspection shall not reduce or modify the Utility's responsibility for the Work. 1.9 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities. 2. Authority to Begin Work and Work Schedule 2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written notice, authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated to reimburse the Utility for any Work performed before the date of notification. 2.2 The Utility agrees to schedule and perform the Work in such manner as not to delay or interfere with the LOCAL AGENCY's contractor in the performance of the LOCAL AGENCY's project. The Utility shall be responsible for any costs resulting from delay of, or interference with, the LOCAL AGENCY's project contractor, to the extent the delay or interference is attributable to the Utility or the Utility's contractor. 3. Compliance 3.1 To the extent applicable, the Utility agrees to comply with all applicable requirements of the LOCAL AGENCY in accordance with the Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy and amendments are hereby incorporated in and made a part of this Agreement for all intents and purposes as if fully set forth herein. 3.2 The Utility agrees to comply with all applicable Washington state and federal laws and environmental requirements of any jurisdictional agency and is responsible for obtaining any necessary environmental permits required in order to perform the Work. 3.3 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are required in order for the Utility to perform the Work. 3.4 In performing under this Agreement, the Utility shall comply with the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Provisions to the Page 3 of 14 extent applicable to Utility. The pertinent RAISE Grant provisions include, but are not necessarily limited to the items identified in Exhibit C of this Agreement. 4. Payment 4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment work, for the Utility's facilities that are located pursuant to a documented ownership interest in real property, such as an easement, fee title, or court finding of prescriptive right, which are impacted by the LOCAL AGENCY project, as shown in Exhibit A. Exhibit B contains an itemized cost estimate of the LOCAL AGENCY-responsible costs for the Work to be performed by the Utility. 4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the Utility, agrees to reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment work, for which the LOCAL AGENCY is responsible as defined in Exhibits A and B. The Utility agrees to invoice the LOCAL AGENCY and provide supporting documentation for all charges, and the LOCAL AGENCY agrees to pay the Utility within thirty (30) days of receipt of an invoice. Payments shall not be more frequent than one per month. A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any discrepancies. 4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within ninety (90) calendar days following completion of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL AGENCY within thirty (30) days. 5. Change in Work or Cost Increase 5.1 The LOCAL AGENCY agrees that the amounts shown in Exhibit B may not reflect the actual costs of the Work. Should the Utility determine that any cost itemized in Exhibit B for which the LOCAL AGENCY is responsible might exceed the cost estimate by more than ten percent (10%), the Utility shall immediately notify the LOCAL AGENCY before performing any Work in excess of the sum of said itemized cost estimate plus ten percent (10%) thereof("Allowed Overage"). The LOCAL AGENCY and the Utility will, if necessary, amend Exhibit B to revise the cost estimate before the Utility incurs costs above the Allowed Overage. 5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to immediately notify the LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of its acceptance or rejection of the change(s), in writing, within ten (10) working days. 6. Franchise, Permit or Easement 6.1 The Utility shall apply for a permit, franchise, or an amendment to its current franchise, if applicable, for those new or modified Utility facilities that will be located within the LOCAL AGENCY's right of way. After receiving the application, the LOCAL AGENCY will issue the Utility a permit or a new or amended franchise. 6.2 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and deliver to the LOCAL AGENCY a quit claim deed for all existing easements, fee title, or court finding of prescriptive right, which are no longer necessary Page 4 of 14 for the Utility's facilities, if any, and which may be vacated as a result of the relocation of Utility facilities. 6.3 If and in those instances where the Utility must relocate facilities to be within or across LOCAL AGENCY's right-of-way, then the LOCAL AGENCY agrees to grant or issue the Utility a permit or franchise for those Utility facilities which will remain on or which cross the LOCAL AGENCY's right-of-way and for which the Utility previously had an easement, fee title or court finding of prescriptive right. 7. Right of Entry 7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby grants the Utility a right of entry upon all land in which the LOCAL AGENCY has interest for the purpose of performing the Work. Upon completion of the Work, this right of entry shall terminate except as otherwise provided in Section 6. 7.2 The Utility agrees to comply with applicable requirements concerning entry onto state- owned rights-of-way. 8. General Provisions 8.1 General Indemnification: Each Party ("Indemnifying Party") shall indemnify and hold harmless the other Party and its agents, employees, and officers (collectively, "Indemnified Party") against any and all third party claims, liabilities, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature ("Claims"), that are brought against the Indemnified Party, and arise out of either the negligent, intentional, reckless, or willful misconduct of the Indemnifying Party, the Indemnifying Party's agents or its employees. If and to the extent that such Claims are caused by or result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the legally culpable acts or omissions of the Indemnifying Party, and provided further, that nothing herein shall require the Indemnifying Party to hold harmless or defend the Indemnified Party from any Claims arising solely from the Indemnified Party's legally culpable acts or omissions. The Parties agree that the Indemnifying Party waives its immunity under Title 51 RCW for purposes of this indemnification provision, and that this waiver was mutually negotiated by the Parties. This indemnification shall survive any termination of this Agreement. Page 5 of 14 8.2 Environmental Indemnification: Utility shall indemnify, defend, and hold harmless LOCAL AGENCY from and against any and all liability, loss, damage, expense, actions and claims, either at law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by the LOCAL AGENCY, arising from Utility's negligent or intentional actions (except to the extent of the LOCAL AGENCY's negligence or willful misconduct) which arise directly or indirectly from (a) Utility's breach of any environmental laws applicable to the Utility's facilities subject to this Agreement, or (b) from any release of a hazardous substance on or from said Utility's facilities, or(c) other activity related to this Agreement by Utility, its agents, contractors or subcontractors. This indemnity includes but is not limited to (a) liability for a governmental agency's costs of removal or remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. 8.3 Insurance: Utility shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Utility's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Utility shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the LOCAL AGENCY, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The LOCAL AGENCY shall be included as an additional insured under the Utility's Commercial General Liability insurance policy with respect to the work performed for the LOCAL AGENCY using ISO Additional Insured endorsement CG 20 10 and Additional Insured-Completed Operations endorsement CG 20 37 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Utility shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. Page 6 of 14 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Utility's insurance coverage shall be primary insurance with respect to LOCAL AGENCY. Any insurance, self-insurance, or insurance pool coverage maintained by LOCAL AGENCY shall be excess of Utility's insurance and shall not contribute with it. 2. Utility shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Utility. 3. Failure on the part of Utility to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the LOCAL AGENCY may, after giving at least five business days' notice to Utility to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to LOCAL AGENCY on demand, or at the sole discretion of the LOCAL AGENCY, offset against funds due Utility from the LOCAL AGENCY. D. No Limitation. The Utility's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Utility to the coverage provided by such insurance, or otherwise limit the LOCAL AGENCY's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:-VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Utility shall furnish insurance certificates to LOCAL AGENCY at the time Utility returns the signed Agreement, which shall be Exhibit D. The certificate shall include all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to LOCAL AGENCY acceptance. In the event of a loss potentially covered by the insurance required by this Agreement, Utility shall provide copies of the insurance policies's coverage terms to LOCAL AGENCY if requested thereby, and LOCAL AGENCY shall designate such copies as Utility's confidential proprietary material and not disclose the same to third parties unless and until required to do so by court order or other applicable law. Utility shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Utility to maintain the insurance as required shall constitute a material breach of contract, upon which the LOCAL AGENCY may, after giving at least five (5) business days' notice to Utility to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with Page 7 of 14 any sums so expended to be repaid to the LOCAL AGENCY on demand, or at the sole discretion of the LOCAL AGENCY, offset against funds due Utility from the LOCAL AGENCY. H. Subcontractor Insurance. Utility shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Utility-provided insurance as set forth herein, except Utility shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Utility shall ensure that the LOCAL AGENCY is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 for ongoing operations and CG 20 37 for completed operations. 8.4 Certification Regarding Debarment, Suspension, and Other Responsibility Matters— Primary Covered Transactions. A. By executing this Agreement, the Utility certifies to the best of its knowledge and belief that it and its principals: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Has not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Has not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. C. Utility shall require all subcontractors submitting bids or proposals to complete any work in connection with this Agreement to provide the following certification with its bid/proposal: (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. Page 8 of 14 (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 8.5 Disputes: If a dispute occurs between the Utility and the LOCAL AGENCY at any time during the prosecution of the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to enter into mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator. 8.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the superior court situated in Spokane County, Washington unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each shall be responsible for its own attorneys' fees and costs. 8.7 Termination: 8.7.1 The Utility understands that the LOCAL AGENCY retains the right to terminate this Agreement for convenience upon thirty (30) calendar days written notice to the Utility. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless said materials can be deployed to other projects. 8.7.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution date of this Agreement and prior to normal completion, the LOCAL AGENCY may terminate the Agreement upon less than the thirty (30) calendar day notice requirement in section 8.4.1, subject to renegotiation at the LOCAL AGENCY's sole option pursuant to the revised funding limitations and conditions. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless said materials can be deployed to other projects. 8.7.3 In the event Utility materially breaches this Agreement, then the LOCAL AGENCY may terminate this Agreement if Utility does not cure the breach within ninety (90) days after receiving written notice of the breach. 8.8 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 8.9 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. Page 9 of 14 8.10 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and shall make them available during normal business hours and as often as necessary, for inspection and audit by the LOCAL AGENCY, State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon written request. The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the six-year retention period. 8.11 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. 8.12 Exhibits: The following Exhibits are part of this Agreement and fully incorporated as terms of the Agreement: a. Exhibit A. Plans and Specifications b. Exhibit B. Cost Estimate c. Exhibit C. Assurance of Compliance with Applicable Federal Law d. Exhibit D. Insurance Certificate(s) 8.13 Notices: Whenever notice to Utility or LOCAL AGENCY is called for in this Agreement, said notice shall be delivered to the receiving Party at the physical address identified below, unless different direction was provided in writing: If to LOCAL AGENCY: If to Utility: Erica Amsden [NAME OF CONTACT] CIP Engineering Manager City [TITLE] 10210 E. Sprague Ave Qwest Corporation d/b/a CenturyLink QC Spokane Valley, WA 99206 931 14th Street, Denver, CO 80202 509-720-5012 [PHONE NUMBER] 8.14 Waiver: No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 8.15 Assignment and Delegation: Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. Page 10 of 14 8.16 Entire Agreement: This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year last written below. Local Agency Utility By: By: Troy G goat- Troy L Goy y die(Nov 20,2024 G8:45 EST1 !� Printed: Troy L Goldie Pri d: C 061 r N Title: Title: C 1 w SVP Operations � .Jper Date: 11/20/2024 Date: z /a EXHIBIT A— Plans and Specifications EXHIBIT B—Estimated Costs EXHIBIT C—Assurance of Compliance with Applicable Federal Law EXHIBIT D— Insurance Certificates MEC MEC BTM 14CG ACG Page 11 of 14 EXHIBIT A— Plans and Specifications Page 12 of 14 Narrative/Special Remarks J o b Location: 3511 N Pines Rd Spokane Valley, WA 99206 City of Spokane Valley is completing construction along N j*4t -e • - Pinescroft Way to E Trent Ave and along E Trent Ave from N • ' .� •Pines Rd to the Spokane River.This scope of work is for :• 1Y B Relocation of approximately 2000lF of existing Lumen �- ■ ,.•' Y,2.Y J � ^�- infrastructure,including major duct banks,manholes,copper 4 and fiber facilities. i • 9r :s i y +�`• •f•4 c t` PROJECT LOCATIONS• - 1w 7 se �'� �� -- DEVELOPER CONTACT .4 v• it `� . _, ; ,. , 4 1 '�` Held Order Information • a .4 ` I, � , �, / •• l .i ;�� Service Order # Customer Terminal: '• • •�„ ••� y t 11' t Zo�i >� -i•^ N/A N/A • : : ": ;,fir ar ��pVE r 1, 1 . `wile., pVE�y, •,t4 Customer Name: Cable Assignment: , 4,...m E.O •r '''" 0RT� I,..i• .� • N/A F1: Ero v. e; r ' - �'' :z ' Customer Address: 0.k. RR Sp-1►�� )' _ :`••�• • ' • `•+� p.VE ,�,r�a�' '"', N/A Cross Connect: � S � �r • .• ADDRESS:3511 N PINES RD y•; S. (4' ETR'N ;1` ` •✓ . TIP,''�,`r SPOKANE VALLEY,WA 9920E `' slit "a t' •• ,. 1♦ '' ti a �'"��r I° • r List all associatedprojectsMisc. InformationPermit Information:Y • 4t• t vr"` Wp`I "'�,, N/A Right of Way Required NO ri r nr � 1• •„ � •"" -.+s W N. � •�` �C�O� �" •n, State Permit Required YES 'g .e „<,-Ate' .i00.0 „ • : _ lAta County Permit Required NO 4 -• �,. _ •„g - • 4 Site Location ID # (BVAPP) City Permit Required YES 6 i �, - • .,�+°° }.-� a ,,,,�,,..e•-,;. N/A Additional Permit Information 4^ . 10 4-. „"� .X x,`.,. _ i - 1,-- 1 BNSF RAILROAD X _ _ a,�,y• W I� •i Li _e EASEMENT REG ..a` . - .H,: W !7i U ' ? , ti FW Contracts: - 4 .. ,� 1Ve ',o«` s •`� a + 2022LE000195-2022-2025Trench Open Date: N/A � �- 4. - �e u z '9u8 Ii 1 +-r1 •t *J NORTHEASTERN WASHINGTON Cut Sheets:NO �•.;"'•"'•.•-'_ 49 '•• ..'11 , ,s E -' 7.—4 I r—_e_ E MIRABEAU PKWY 'v ~r (Nortnsky) CZ N/A I. a • .. • 7.3` y' ,•�I. NOTIFY CONVERSATION NUMBER NIA 'E FREDERICK AVER�'�f " '� R Ak «,. ,r+'+w n 4'ti"en l'"i IIII III REVISIONS 'it 5.*: i• r' i r'' ' • rw • • - • DATE REVISION DESCRIPTION `•l. FAIRVIEWof lone � '.�• ; A•,e /.,. kt REP a E ■AVE.. 4 z 4 '� y a '� '°R"" to ,.• _ •` to a�� _ :• .( ii ° E0•, �' C 4CenturyLink- ^ se. \ ECD: 12-30-24 A®gym, i4r : ' ti« ..5•nr 2 1 , - g 'r' /r" ', ISSUE: 1 EXCEPT AS err OMERMSE RmNOA Br oaenur.MESE auness AND,i. .c w. rsv. _ ��' .:_... :o.-. ram- ^_ ir�.e _-1.i" ,-..: C: �. �' x SPKNWAWA NM . ME ,a USED FORmeDISSOD V n4EantfMeC'MI'lWL' WC CLU, KNWA RE SS oB FW PROJECT WFMT PROJECT COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR I SPLICING COORDINATOR SECTION: 4 DESC:WA-SPAN-ROMR-COSV PINES RD BNSS GRADE SEPARATION N.797669 ---- CITY:SPOKANE VALLEY PHONE:509-594-7797 BARD COMPANY:TERRA TECH PHONE:509-701-0449 JOHNSON PHONE:509-701-0449 JOHNSON TOWNSHIP:�GE: 44E SCALE: DATEK2/32 24 SHEET: 1 OF 13 OVERVIEW SHEET1:-'0A %, vl i I., 1 I 1 I.4 17 kik tx • SHEET-70 (001\ I ii ii 10 ilk -!)141*-°r,''' SOO SHEET-7 0;0 HEET-6 i. II/ _ /0 p EET-5 0 umws.5510001 000 4 1i i. .. ) SHEET-4 O_ III � P �— \/)--/\1---rN N ___ j i 1 -- i -__ SHEET-3 I will . II -- — I — n REVISIONS \_l C�DD DATE - DESCRIPTION X ECD: 12 30-24 a©o CenturyLink° ___ _. ISSUE: 1 MCLPT AS RAY K OSRRMY MOWED K CORMAET.TIls wows AND SEEOTCRONS -- - SKIL MIRAN TIE PROPERTY IK COMM KING ISSUED II MKT CA IBOIEE AND MAIL — - WC CW: SPKNWAWA NOT K MPRCDIICEO,E01RD,OR USED FOR RR MIME MTIM S worm MEM rtMR®OIL FW PROJECT WFMT PROJECT: _COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPKN-RDMR-COST PINES RD BNSF GRADE SEPARATION N.797669 NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVEJOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EKCH KEY;5414 REM KEY:NIA SHEET: 2 OF 33 .7 V V.7 CITY: SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 ISEE SHEET a PLACE NEW B03 PEDESTAL AT BACK I REMOVE PED.ENCAPSULATE AND BURY SPLICE.PLACE LOCATE OF ROW.SWING IN EXISTING CABLE I MARKER.PIECE OUT CABLE TO COORDINATE PED RELOCATION WEST AT 48"DEPTH MIN. TIMING W/AVISTA POLE RELOCATION. _ T a,' MJ20 NEW PED#3303-11 N PINES RD ENCAPSULATE AND BURY SPLICE AT NEW bin PED AND PED SWING IN EXISTING CABLE.REMOVE PED. PED#3303-11 PED 3303-11 BD3 DG44 RMBC PEDESTAL(DEFAULT) 4 24 O IX Tn . LII z a z A, NEW SMALL PIT m it ENCAPSULATE AND BURY SPLICE. Q REMOVE PEDESTAL. i AIASB PED 3231 RMBC PEDESTAL(DEFAULT) MIRABEAU PKWY , v X I O — , _ O I- - REVISIONS DATE DESCRIPTION ; ECD: 12-30-24 edo CenturyLink- --- - ISSUE: 1 UC4f As MAY BE MERV%PROVIDED Fr CN(TRACT.MBEBE N/ANEA MEl N/EOECAIDl6 __ — SOIL RERAN BE PROPERTY OF CORImNRK BDIR IBAIm N MR CNBDERCE MIO MALL -_- — WC CW: SPKNWAWA NOT BE RDRCRUCW,canm,OR USED FOR NIT PURPOSE mow NCanC MITTEN PERMn9NL FW PROJECT _WRIT PROJECT: COMMUNITY NAME ENGINEERING CONTACT _CONTRACT ENGINEER CONSTRUCTION COORDINATOR _SPLICING COORDINATOR SECTION: 4 DESC:WA-SPAN-RDMR-COSV PINES RD BNSF GRADE SEPARATION N.797669 NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N UCH KEY:5414 REM KEY:N/A CITY:SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 SHEET: 3 OF 13 I 7I PL 830'10M STRAND,LASH NEW 300pr TO STRAND, [ c SEE SHEET 5 OVERLASH 288CT&96CT FIBER FROM 178697 1 E— POWER POLE TO NEW A0966461 AVISTA POLE. ] - TO BE ABANDONED(2)900PR PED 3503 • COPPER CABLES,(2)1500PR 00 e; POLE TAG COPPER CABLES AND 96CT& Pedestal(Default) ^I C178697 288CT FIBER CABLES FROM THE L 3,H-45' 1. (12)4"DUCTS. ROAD CONTRACTOR TO REMOVE DUCTS AFTER Q CUTOVER. I , 45-3 POLE(EXIST POWER) < d PLACE 2-4"RISER CONDUIT. Q a RISER 1X 300PR COPPER CABLE IN ONE RISER CONDUIT. .8 RISER 2X FIBER CABLES(1-96CT&288C1)IN THE OTHER RISER CONDUIT. • PLACE DG&ANCHOR. a a V d a a a F. I .as o W a pINGit00 10POLE TAG I� Z NEW HH 3415-11 N PINES RD CL 4,A I EL 4,H-35' .. PL NEW COMPOSITE HH(30"X48"X36") FOR PULL POINT IN SIDEWALK.RM&REPL EXTENDING TO NEXT POLE.272'FROM HH TO POLE 10'X 10'SECTION OF CONCRETE SIDEWALK.SECT FIBER,288CT FIBER& — . 300PR COPPER CABLES PASSES BORE 2-0"DUCTS AT THROUGH THE NEW HH 3415.11 N PINES 60"DEPTH RD. MH 105 EXISTING MH•105 BORE 72'OF(2)24"CONDUIT 60"DEPTH AND PULL IN SPLICE FROM EXISTING 900PR COPPER CABLE[AZ87]AND NEW 96CT FIBER,288CT FIBER AND 300PR COPPER yA NEW COPPER STUBS[AZ76],[AZ97]&[FS08]TO NEW 300 B. COPPER CABLE[AIAWM].SEE SHEET 11 FOR COPPER CABLES. r` SPLICE DETAILS. 5 SPLICE FROM EXISTING 96 FIBER CABLE[AIAVF]TO NEW 96 `�^.. FIBER CABLE[AIAWG]AND SPLICE FROM EXISTING 288 NQ FIBER CABLE[A1AWJ]TO NEW 288 FIBER CABLE[AIAWJ]. SEE SHEET 11 FOR FIBER SPLICE DETAILS. q. LEAVE ISO'SLACK LOOP ON EACH FIBER CABLE. G Q Q ;, a_ f O -a SEE SHEET 11 FOR CABLE COUNT DETAIL SEE SHEET 3 \------\ f ---n----'&-7 REVISIONS A P DATE DESCRIPTION X ECD: 12-30-24 od�o CenturyLink~ ISSUE: 1 EXCEPT IS VAT BE ODOM PROM/M MOO SOB MIMICS MD SRL-OWAIEIE — — SIAD RERAN TIE PROPERTY OF RN/FIIAS SEIB ISSUED N 5PIm td9DDY1 Me S M. — — WC CW: SPKNWAWA Nar OE REPRODUCED,CORED,OR 5s/FOR ANT PURPOSE Rmlwr stiff w/DI PFAI®all. FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA.OPEN-ROMR-COSV PINES R08NSF GRADE SEPARATION N.79 669 ____ NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVEJOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:N/A SHEET: 4 OF 13 I.7/V V.7 CRY:SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 I SEE SHEET 6 L Er NEW 45-4 POLE PLACE NEW POLE AND XARM.ATTACHED 96CT FIBER,288CT FIBER&300PR COPPER CABLES. I E R� 01010 cRp POLE TAG �`,`S` #N/A CL 4,H-45' 1 014 I 01 Q C1 a NEW HH 3416 N PINES RD :� a ...CO INTERCEPT EXISTING DUCT.BREAK CONCRETE Q Z © ENCASEMENT AND SWING/EXTEND DUCTS INTO zi F. NEW 48X60X36 HH.CONDUIT RUN UNDER RR Rp`�R°pVI 3 Z WILL BE PRESERVED. sf / POLE TAG #N/A CL 4,H-45' N NEW 45.4 POLE Q PLACE NEW POLE AND XARM.ATTACHED 96CT 1® Ts- FIBER,288CT FIBER&300PR COPPER CABLES. - I a I 0 a (J I O I�� 1— .,,,:5 TO BE ABANDONED(2)900PR COPPER CABLES, -� (2)1500PR COPPER CABLES AND 96CT&288CT I Q FIBER CABLES FROM THE(12)4"DUCTS. I a I MI 1 0 1 a I > SEE SHEET 4 I a ..... REVISIONS p'lDO DATE DESCRIPTION X ECD: 12-30-24 10 CenturyLink'- ISSUE: I DICER AS MAT PE ORRRRS:PROYDID R COMIC.MOE BUMS WO sNafCAnaa — SVIL KW ME PROPERTY OF WInIRILIN BM ISSUED R Sa7CT CEVODIEE MO OWL --- — WC CW: SPKNWAWA MOTE RPROINCO),Cantu,OR us6 FOR WI PURPOSE EDRUT SPECIFIC renal PIA1a15C FW PROJECT WFMT PROJECT: _COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA.SPKN-RDMR-COSV PINES RD BNSF GRADE SEPARATION N.797669 NAME: NAME:DAVIDCHAMBARD NAME:JEFF RIVERA NAME:DAVEJOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:N/A SHEET: 5 OF 13 CITY: SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 \ 4.\,I SEE SHEET 81 -) (---4 /N. 'r. \ ` TO BE ABANDONED \ CABLE COPPER .�p0?-X1, 9 OTO BEPR 88 OOPR COPPER CABLES ANDONED 60OPR, T5 AND 96CT 8 288CT FIBER W •/ \ 1L� ROAD CONTRACTOR TO �'^ />< CABLES FROM THE(9)4"DUCTS. Z C\ m \ -� REMOVE DUCTS AFTER (� I V) \ CUTOVER. W 72 COPPER CABTO BE ES AND)46CTR 4c�� PvGG `a,65&pt62 FIBER CABLE FROM THE(2)4" elR ` �c- DUCTS. \ i 3 a i � y/ _ 7y - PZ66-P4N.9i- P�A1 1 / Y X T N REMOVE PEDESTAL#LINK y ,°'i 'r.ss.\, Y ROAD CONTRACTOR TO m (-----*---1A/4(1 \LSvg\ X MH 106 REMOVE DUCTS AFTER CUTOVER ------------- NEW AVISTA POLE REMOVE MH#106 •` Pv - ATTACH TO NEW AVISTA POLE AND PLACE- 9 P 11T P PSS& G4 J REMOVE REPEATERS FROM EXISTING MH#106 e� DOWN GUY8ANCHORS. 1P 51n �TR \ \PIA X1PIPSZ a, TO BE ABANDONED(2)900PR 8(2)1500PR POLE TAG COPPER CABLES AND 96CT 8 288CT * 1 #N/A FIBER CABLES FROM THE(7)4"DUCTS. 50'/CL 1 {REMOVE PED#AIASOI NEW NH 3420 N PINES RD POLE TAG INTERCEPT EXISTING DUCT AND #N/A fPOLETA SWING/EXTEND DUCTS INTO NEW HH. 40/CL 4NEW 40POLEPLACE NEW POLE WITH(2)DOWN GUY AND ANCHORS. IG 3 #N/A 3 cc Q 50"/CL 3 Q Q rrQ NEW AVISTA POLE (.6 LU l�Q ATTACH TO NEW AVISTA POLE AND PLACE(2) .3. _ Q Z Z I DOWN GUY 8 ANCHORS. Q EL O Q U 3 0 a Q 1— 'a Q t Q I Q Q I Er I SEE SHEET 5 I DA REVISIONS \/i/ p1DD DATE - DESCRIPTION , , ECD: 12-30-24 ado CenturyLink- -- - ISSUE: 1 Barr AS Nsr BE ODIERMSE MRYDB BY CaTRACT.THESE D ASV/5 AND SPECIFNa1NWS -- — SW ROM ONE PROPERU OF DMRWLNN BONG ISSUED IR SIRE COMMENCE AND SNAIL -- — WC CW: SPKNWAWA MOr D REPRODUCED.COPIED,OR USED FUR IMI PURPOSE eyNour worm MRIIB PERIImON FW PROJECT WRIT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPKN-ROMR-COSV PINES RD BNSF GRADE SEPARATION N"J(1 669 NAME: NAME:0AVID CHAMBARD NAME:JEFF RIVERA NAME:DAVEJOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:N/A SHEET: 6 OF 13 I.7/VV.7 CITY: SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1.100 DATE:2/5/2024 SEE SHEET 10 .), 7 .-'," TO BE ABANDONED X 4111 TO BE ABANDONED 600PR,900PR 900PR COPPER CABLE. I ,e.' 81200PR COPPER CABLES AND SECT&288CT FIBER CABLES FROM -.I621 ,p1 THE(9)4"DUCTS. 1.151) P' " P ��9 .)."..... , 1=1 -1,)e*" ... /?' tFIT W 66&py621 otiller I MH 193 CO V� I REMOVE MH#1931 W �� IQ CO 400' TO BE ABANDONED 600PR,900PR '��GO 1pJA"\'. &120 PR COPPER CABLES AND 96CT8 56 p1 p�9 6 p FIBER CABLES FROM THE(9)4" DUCTS. REVISIONS ��i0 DATE DESCRIPTION X ECD: 12-30-24 ,/�o CenturyLink~ - ISSUE: 1 DUN AT VAT E DEERR@ PROMO!DT CNINACm.NM MAWS NO NSCDIGtCIR — — NULL MN DC PKMERR OF =DU1MIMI MINA 141RD N MT CCIOSOICE NC NULL — — WC CW: SPKNWAWA NOT VA REPRODUCED.CORM,OR UND FOR NE PURPOSE STRUT N'ECFIC ram paateaut FW PROJECT WENT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPAN-RDMR-COSV PINES RD BNSF GRADE SEPARATION N.797669 ____ NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:WA SHEET: 7 OF 13 {7 CITY: SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 SEE SHEET 9 ♦ \EXISTING AVISTA POLE#306737 EXISTING AVISTA POLE Cs ♦ RISER 96CT FIBER,288CT FIBER It 300PR PLACE DOWN GUY AND ANCHOR. \ ♦ COPPER CABLES AND PLACE OHG WITH i► 10MM STEEL STRAND AND PLACE 2X4" W \ t,'1'.-"APLACE 247ft OHG RISER. \ ♦ CO \\ At♦ W y EXISTING POWER POLE — RISER 300PR COPPER CABLE AND PLACE 1X4"RISER.\ 2 ♦ .1 \\ ♦ =1P ��/OLE TAG \ �2 ♦ I LASH 300PR COPPER TO 10M STRAND �PSII, CL 3,H-45' • \ ♦ POLE TAG • j PED 12912 PORTLAND • ♦ #A0966460 \ ♦ CL 3,H-45' so l • • EXISTING POLE#178914 ;, ,�. A1•1D p`v� i "PED 12912 PORTLAND I V� TRENCH 675'OF(2)4"CONDUIT WITH PLACE DOWN GUY AND ANCHOR. \ �.pQa 1PWC&p1Px - 300P 96CT FIBER,288CT R COPPER CABLES.FIBER AND - PLACE 231FT OHG \ ` P�pWP'P,g3 ,► �, POLE#3815 30"/CL 5 • - \ EXISTING PED 3620 N CEMENT RD '.:.• PLACE 2-300PR DOWN RISER.TRENCH TO-� E P�RS�.AN�pVE • oiy ' ' `' ♦� I B87]I \ 300PR[[HY56]8 TO NEA9AW6]TO ISTING CABLES W OOPR[AIAX6]C683],D.SPLICE NEW HH 12306 E PORTLAND AVE ,11.. 96CT FIBER,288CT FIBER&300PR COPPER 0. 0 •`, \ ; PED 3620 CABLES PASSES THROUGH THE NEW HH 12306 E PORTLAND AVE.TRENCH 36in 20'2-4" L SO . 01 ' `1' \\ 'w�♦ \G\\, DUCTS TO HH30X48X36 FROM POLE A0966460. ;'�♦ I PLACE 100PR ANMW COPPER CABLE TO PED. ♦ v „op,. \ ♦'T. \ I SEE DETAIL SHEET II POLE TAG #A0966461\ \ , ' 45"/CL3 ♦ EXISTING HH#3612C \ POLE TAG 4. #A0966461 ♦n , M SPLICE FROM NEW 288 FIBER CABLE[A1AW4]TO EXISTING NEW 50-1 A0966461 AVISTA POLE \ 50"/CL 1 ♦I 6CT FIBER(LSW1]8.NEW 288 FIBER CABLE[A1AWCI. RISER UP 96CT FIBER,288CT FIBER 8.300PR COPPER \ (.JS , rill LEAVE 50'SPLICE LOOPS ON 288CT FIBER. CABLES.LEAVE 50'SPLICE LOOPS ON 288CT FIBER. �.� ,f PLACE 1X4"RISER. V \It,' 1E. O \, I U \ I, O \ \Rig d AIAWA,AIAW4 8 A1AW6,LSV6 TOCO BE ABANDONED(2)400PR - —�y r \um 1 COPPER CABLES AND 48CT FIBER CABLE FROM THE(2)4"DUCTS. \ SEE SHEET 6 REVISIONS o1P® DESCRIPTION X DATE - ECD: 12-30-24 �d1� CenturyLink.' ISSUE: 1 CREPT AS EAT RE CM ME PROMO]IT CaRRLCCT.Ma MAWR Ma 9TCIIIGnARs — — MALL Raul RE PRRPDRT IT CDRUNn1MK KM ISSUED K MKT CARRODRT MR 9ULL — — WC CW: SPKNWAWA RN of NPRRmucm,Corm,CA use Ian MT RIMY RRRda WOES wmER PDL®OR. FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPUCING COORDINATOR SECTION: 4 DESC:WA-SPKN-RDMR-COSV PINES RD BNSF GRADE SEPARATION N.797669 ---- NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:NIA SHEET. 8r CITY:SPOKANE VALLEY PHONE:509.594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/512024 OF 13 _` 12301-11 EMPIRE 12411W EMPIRE TO BE ABANDONED PLBC INBC 200PR COPPER REMOVE PEDESTAL CABLE. it Na r IS . I 12403 \ (RMBC)() \ Pedestal(default) \ Z 0/ \ C, �-*-- 441 \ WI Pedestal(default) o\ `EL431 GGwwIn�p1RE PY FALL COUNT TO XBOX 10519 E EMPIRE WAY \ 4`Y' \ IA...A`e REMOVE PEDESTAL AND BURY SPLICES.' .O7Al \ `� A1ARN (RMBC)() \ Pedestal(default) 1 I \ .EMp`R�W P \\ \ , NEW AVISTA POLE \ PLACE DOWN GUY&ANCHOR. \ \ .0. 0O \ Ca ,4) 0 \ �n O \ POLE TAG \ \' \ Z #3714 .,\ ,, CL5,H30' \ 0 Q \ / SEE SHEET 8\ \ \ ---- REVISIONS 4�Do DATE — DESCRIPTION ,NE ECD: 12-30-24 e®ie CenturyLink- ISSUE: 1 Dan As uAr NO OINERRBE PROMS BP COBRACT.MESE DAMNS AND OP[CRuaTB t — — BINS BANe 11E PROPFFR OF COMM=BEING ISSUED B MO CERPwRCE AND RAtS — — WC CW: SPKNWAWA NM BE REPRODUCED,CORED,OR USED FOR AIR RIBOSE wawa SMITE DAMER PERRBBOIL FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPKN-RDMR-COSY PINES RD BNSF GRADE SEPARATION ____ N.797669 NAME: NAME:0AVID CHAMBARD NAME:JEFF RIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EKCH KEY:5414 REM KEY:NIA I.7 V V.7 CITY: SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701.0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 SHEET: 9 OF 13 \\ / �p. // 96CT FIBER,288CT FIBER&300PR COPPER CABLES PASSES THROUGH THE NEW HANDHOLES. �Q'v` / LEAVE 50'SLACK ON EACH FIBER -96CT FIBER,288CT FIBER&300PR COPPER / CABLES PASSES THROUGH THE NEW HANDHOLES. / iion / 96CT FIBER,288CT FIBER&300PR COPPER / CABLES PASSES THROUGH THE NEW HANDHOLES. 1243S-1 y Co = vE !� Z R«P )P p1PISV BRENTAVElac, / O 1P8. nElNr Ae �` i0' P —/O �bP EXISTING SPLICE UNDER BRIDGE _'(Q G p.,P (2)EXISTING COPPER SPLICES UNDER BRIDGE.SPLICE NEW 300PR CABLE[ASAXS]TO EXISTING 900 PR f I TRENCH 309'OF(2)4"CONDUIT WITH NEW SECT q9. -''Cr✓r [A04XU]EXISTING CABLE AND STUB CABLE.PLACE O FIBER,288CT FIBER AND 300PR COPPER CABLES. p JJ��,P^pJG� STUB TO SECOND EXISTING SPLICE CASE AND SPLICE. IN 12435E TENT AVE / !Pod 1292 Portlantll �/tx'' 6 1 1 OTRENCH 100'OF NEW 300PR COPPER �_/',X p1' CABLE. iC / 66& It.�[w MH 194 ,� EXISTING MH#194 SPLICE FROM NEW 300PR COPPER CABLE[A1AXF]TO TO BE ABANDONED ��(((''' ki'' NEW 3130PR COPPER CABLE[A1AXS],EXISTING 1800PR 900PR COPPER CABLE. ,�� "( J9 gP I COPPER[BA30]&EXISTING 2100PR COPPER[BA26]. P SPLICE FROM NEW 96 FIBER CABLE[AIATY]TO EXISTING FO9 P,�p PLACE 96CT FIBER 288CT FIBER AND 300PR COPPER 96 FIBER CABLE(AZ68].SPLICE FROM NEW 288 FIBER CABLES AND PASSES THROUGH EXITING 3-4"DUCTS. CABLE[AIATZ]TO EXISTING 286 FIBER CABLE[LRGT] 'C'�/�j/Cj/C•^y REMOVE 900PR CABLE FROM CONDUIT. LEAVE 100'SLACK LOOP. �C�7� �,��C/�� 7 ///''yyy'''�� .� TO BE ABANDONED 600PR, 5[' AND &2 R COPPERIBECABLES \ X-/' AND 96CT 8 288CT FIBER a I SEE SHEET 7 I CABLES FROM THE(9)4"DUCTS. REVISIONS p1DD X DATE - DESCRIPTION ECD: 12-30-24 ado CenturyLink• -- - ISSUE: 1 TOME AS RAT BE OIFRREER PROVER)BY DETRACT.MNESE OGA9NLS NO!FEM 151E -- — 91ML M UNI ME REPORT Of COITBILW(BEING ISSUED N SECT COMMENCE ND 914.1. —" — WC CIJJ: SPKNWAWA ER E RENNIOUEM COPIED,EI URL FOB ma REPOSE MINOR SEDER MEN PENI590K FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPUCING COORDINATOR SECTION: 4 DESC:WA.SPKN-RIDER-COSV PINES RD BNSF GRADE SEPARATION N.797669 ---- NAME NAME:DAVID CHAMBARD NAME:JEFFRIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:NIA SHEET: 10 OF 13 CITY: SPOKANE VALLEY PHONE:509.594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 DETAIL OF 3612 N CEMENT RD. RT,XBOX& REPEATER LOCATION FROM SHEET 8. PI 2-4"risers.Trench 15'1-4in conduit to HH. Open Pull in CO side 288ct fiber thru riser&duct,then spl to 6ct fiber.Pull new 288ct fiber cable back out HH& up pole thru duct.Pull CO side 300pr cable down riser,trench 15'PI 300pr from pole to pedestal.. Splice to new 106pr repeater tail. I 288ct • 300pr m m Trench 15' Rmv 2'x2'concrete. m PI 300pr from pole PI 1-STUB POST ROUND 6in x 8ft to pedestal PI 1-REPEATER HOUSING-POLE 96ct \ _ New Avista pole e Trench 10'1-4in conduit. -7 XI PL 30'1-106pr tail N Trench 15'PI 1-4in -'- conduit to HH.Pull - 288ct In to HH then back out to pole pT >y cD as -, m m Exist Box&RT m 1 m p _ /1><1 300 r 106pr TAIL\ \, --� CDso (D. mig CD CDCD288CtT.......-"I Exist concrete pad Exist du t&6ct fiber REVISIONS X DATE - DESCRIPTION ECD: 12-30-24 ti4 CenturyLinkry ISSUE: 1 OCPT AS TAT BE MOM PROVIDED EN CONTRACT.llESE DRAMNOS AND SPEWICA➢RS -- - SNNL REM IRE PROPERTY OF CENIURTDNR BEING SIDED IN MCI CONFIDENCE AND SNAIL _- - WC CLLI: SPKNWAWA MDT BE REPRODUCED.COPIED.OR USED FOR ANY PURPOSE MG UT SPECTER EMU PERMISSION. FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPUN.RDMR-COSY PINES RD BNSF GRADE SEPARATION N.797669 ____ NAME: NAME:DAVIDCHAMBARD NAME:JEFF RIVERA PHONE:AVEJOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:N/A SHEET: 11 OF 13 VV CITY: SPOKANE VALLEY PHONE:509.594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509.701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 05/31/24 Good afternoon, Attached for your reference Is guidance put forth by WSDOTfor handling BABA material origin requirements on FHWA funded projects.This information will provide guidance on what is considered a"construction material."For FHWA funded projects,DOT has put forth a waiver to the BABA requirements that allows foreign construction materials,if"the total value of the non-compliant products is no more than the lesser of$1,000,000 or 5%of total applicable costs for the project."Due to the FRA funding on this project,we are currently reaching out to FRA to see If this waiver is still applicable.Please document any construction materials installed for this project on the attached 350-111 form,and send back to us.If no construction materials were installed,please check the box that says"no materiatwas installed for the Estimate Number noted above". In regards to steel or iron materials,please document their source on the attached 350-109 form,and make sure to note the invoice cost for any foreign steel or iron.Currently,we are unsure on whether or not the DOTwalver provides an allowance for foreign steel or iron on FRA funded projects,but we will let you know what we find out from FRA.Please note that if the waiver does not apply, then no foreign steel or iron can be allowed.We recommend making that assumption at this point in time. Please let me know If you have any questions,and we will be happy to assist. Regards, Jeremiah Schreindl,PE//Engineer-CIP 10210 E.Sprague Ave//Spokane Valley,WA 99206 509-720-5020//jschreindl0SookaneVallevW gov Spokan'r a`` .1.•-svalley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. REVISIONS \ / A�® DATE DESCRIPTION ECD: 12-30-24 a®��CenturyLink- ISSUE: 1 [KCEPT AS BAT BC OTHERWISE PROVIDED IT CONTRACT.THESE DRAWINGS MO SPECIFICATIONS -" - SMALL RERAN THE PROPERTY OF CENTURYLNK BEING ISSUED IN STRICT COMMENCE MO 91.41 _- - WC CLU: SPKNWAWA NOT BE REPRODUCED,COPIED,OR USED FOR ANY PURPOSE WUMOUT SPECIFIC WRITTEN PERVISSINE FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPAN-RDMR-COSY PINES RD BNSF GRADE SEPARATION N.797669 ____ NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:N/A SHEET: 13 OF 13 CITY:SPOKANE VALLEY PHONE:509-594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:2/5/2024 _��Walstdngton slate Certification of Materials Origin The following items aro defined as Construction Materials and must be manufactured in I Department of Trans ortation the United States: P (Required for Acceptance of Construction Materials) I. Non-ferrous metals. Protect Tree Contrast* 2. Plastic and polymer-based products(including polyvinylchloride.composite building materials.and polymers used in fiber Corr actor optic cables) Estimate Number 3 Grass(including optic glass) The 10eowatj Cerhficotrnn of Materials Origin Is made for the perp0505 of establishingrfalenals acceptance under Contract 4. Firer colic rabbi(including drop cede) Provisions embed-Bath America.Buy America(BABA)'to accordance met Public Law 117-55.Materials as described above re 5 Optical fiber furnished for use In compeance NSNh the certification es noted In 1,2.0r 3 below.For certification of stool or Iron products use (SAT form 350.109 6 lumber ▪ 1.The materials Covered by Ihb certification are American Made w,lh all manulsdunng processes entirety within em United Slate of America. 7. Drywall ❑ 2.No matonal was Installed for the Estimate Number noted above. 6. Engineered wood ❑ 3.The materals furnished for this project under this cendication contain construction matenals manufactured.all or in pan. outside me United States otAmerica,as Indicated below All steel or iron materials must be certified on Form 350-109. The Description of these materials end the Country of Origin of these metenats is as follows(Include Bid Item quantity and manufacturer): The Invoice Cost for Inc above descramd lorelgn•made materials Is: And. it The aggregate tonal oast of foreign constlkcvn meteriaN used in ens project is less then 51.000,000 and does not exceed more than 5%of the total cost of all am:freebie materials. I declare under penalty of perjury under the laws of the Slave of Washington that the foregoing is use and correct. Contractor MP Authorized Corporate OOc.al Signature Dole Place DOT Ferro 350-1 t l 0OT Form SSo-111 Revised 1212023 _ Revised I2R013 REVISIONS �4'4 DATE DESCRIPTION X ECD: 12-30_ v 24 i CenturyLink- ISSUE: 1 MIN AS tat IF O0IERe'ISE PROVIDED BY contaaa.INFSE DM'NINGS AND SPEDIIGIIDNS — — SHALL sceus THE PROPERTY DE CERMRSINK IDNO ISSUED N SLRICT CONFIDENCE AND SNAIL — WC CW: SPKNWAWA NOT BE REPRODUCED,CONED,OR USED FOR ANT PURPOSE SMOOT SPECIFIC GRIMM PERNSSION. FW PROJECT WFMT PROJECT: COMMUNITY NAME ENGINEERING CONTACT CONTRACT ENGINEER CONSTRUCTION COORDINATOR SPLICING COORDINATOR SECTION: 4 DESC:WA-SPKN-RDMR-COSV PINES RD RNSF GRADE SEPARATION N.797669 ---- NAME: NAME:DAVID CHAMBARD NAME:JEFF RIVERA NAME:DAVE JOHNSON NAME:DAVE JOHNSON TOWNSHIP: 25N EXCH KEY:5414 REM KEY:NIA CITY: SPOKANE VALLEY PNONE:509.594-7797 COMPANY:TERRA TECH PHONE:509-701-0449 PHONE:509-701-0449 RANGE: 44E SCALE: 1-100 DATE:215/2024 SHEET; 13 OF 13 EXHIBIT B—Estimated Costs Page 13 of 14 EXHIBIT B - COST ESTIMATE COSV Pines Grade Separation N.797669 Lumen Relocation for COSV project Estimate of Initial Engineering(Previous Agreement) Contract Planning&Engineering $ 88,205.00 Indirect SG&A-13% $ 11,466.65 Lumen-Internal Labor $ 11,088.00 Estimated Total $ 110,759.65 COSV Total(50%Reimb) $ 55,379.83 Lumen Total(50%Non-Reimb) $ 55,379.83 Estimate of Final Engineering&Relocation Costs(This Agreement) Contract Planning&Engineering $ 14,251.93 Permitting&Easement Costs $ 31,816.11 Facilities Construction and Install $ 272,590.13 (Vaults,Conduit,Cable, Fiber,Cutover,etc.) Potholing $ 10,368.00 Facility Removals $ 20,256.33 Subtotal $ 349,282.50 Indirect SG&A-13% $ 45,406.73 Lumen-Internal Labor $ 3,960.00 Estimated Total $ 398,649.23 COSV Total(70%Reimb) $ 279,054.46 Lumen Total(30%Non-Reimb) $ 119,594.77 Grand Total Estimate of Engineering&Relocation Costs Grand Total $ 509,408.88 COSV Total $ 334,434.28 Lumen Total $ 174,974.59 EXHIBIT C-Assurance of Compliance with Applicable Federal Law EXHIBIT D—Insurance Certificates Page 14 of 14 Exhibit C Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Utility, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Utility will comply with the statutes and regulations relative to the Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Railroad Administration(FRA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Such statutes and regulations are referred to herein as"Non-discrimination Authorities." 2. Non-discrimination: The Utility,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Utility will not participate directly or indirectly in the discrimination prohibited by the Non-discrimination authorities, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 C.F.R.Part 21. 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Utility for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Utility of the Utility's obligations under this contract and the Non-discrimination Authorities. 4. Information and Reports: The Utility will provide all information and reports required by the Non-discrimination Authorities and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities may be determined by the LOCAL AGENCY or FRA to be pertinent to ascertain compliance with such Non- discrimination Authorities and directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Utility will so certify to the LOCAL AGENCY or FRA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Utility's non-compliance with the Non-discrimination provisions of this contract,the LOCAL AGENCY will impose such contract sanctions as it or FRA may determine to be appropriate, including, but not limited to: a. Withholding payments to the Utility under the contract until the Utility complies; and/or b. Cancelling,terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Utility will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Non-discrimination Authorities and directives issued pursuant thereto. The Utility will take action with respect to any subcontract or procurement as the LOCAL AGENCY or FRA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Utility becomes involved in, or is threatened by litigation by a subcontractor, or supplier because of such direction,the Utility may request the LOCAL AGENCY to enter into any litigation to protect the interest of the LOCAL AGENCY. In addition,the Utility may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R.Part 27; • The Age of Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination based on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibit discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color,national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination include discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendment of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq). 8. Compliance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements: This Agreement shall be subject to 2 C.F.R. Part 200,Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards and the United States Department of Transportation implementing regulations at 2 C.F.R. Part 1202 (see 2 C.F.R. § 200.101), and such provisions are incorporated by reference herein. 9. Prohibition in Trafficking in Persons: Utility and any contractor thereof performing Work identified in the Agreement shall not (a)engage in any form of trafficking in persons during the period of this Agreement; (b) procure a commercial sex act during the period of time that the award is in effect, or(c) use forced labor in the performance of this Agreement. This Agreement shall be terminated if Utility, a contractor thereof, or any of their employees, officers, or officials is determined to have either violated any provision of this paragraph directly or through conduct imputed to the LOCAL AGENCY or Utility pursuant to the standards set forth in 2 C.F.R.part 180, as implemented at 2 C.F.R.part 1200. Utility and any contractors thereof performing Work identified in the Agreement shall notify the LOCAL AGENCY immediately if they receive information from any source alleging a violation of this paragraph during the term of this Agreement. 10. DBE Requirements: This Agreement is not subject to a mandatory Disadvantaged Business Enterprises ("DBE")goal. In the absence of a mandatory DBE,the Utility shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. 11. Federal Railroad Administration Review: Utility acknowledges that the Federal Railroad Administration (FRA)has the right to review or examine any services provided under or part of this Agreement(including subcontracts)while such services are in progress or upon completion. Utility agrees to comply with all applicable provisions governing FRA's access to records, accounts,documents, information,facilities, and staff. 12. Minimum Wage Rates: The amounts paid by Utility for labor in connection with the work identified in the Agreement shall meet or exceed the amounts predetermined by the United States Secretary of Labor, in accordance with the Davis-Bacon Act, 40 U.S.C. 3141-3148 (as supplemented by Department of Labor regulation in 29 CFR Part 5) and/or 23 U.S.C. 113,that contractors must pay to skilled and unskilled labor. Such minimum rates shall be stated in Utility's invitations for bids and shall be included in proposals or bids for the work under this Agreement.Provided, however,that Utility is not subject to those provisions of the Davis-Bacon Act and/or 23 U.S.C. 113 which, according to the terms of those statutes and pertinent regulations, would not apply to Utility but for this paragraph 12. 13. Buy America: a. Steel, iron, and manufactured goods used in the Project are subject to 49 U.S.C. 22905(a), as implemented by the Federal Railroad Administration, as if this award were to carry out chapter 229 of title 49, United States Code. Utility acknowledges that this Agreement is neither a waiver of 49 U.S.C. 22905(a)(1) nor a finding under 49 U.S.C. 22905(a)(2). Utility agrees to comply with 49 U.S.C. 22905(a) in performance of this Agreement. b. Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America,Buy America Act,Publ.L.No. 117- 58, div. G,tit. IX, subtitle A, 135 Stat. 429, 1298 (2021), as implemented by OMB, USDOT, and FRA. Utility acknowledges that this Agreement is neither a waiver of§ 70914(a)nor a finding under § 70914(b). Utility agrees to comply with § 70914 of the Build America,Buy America Act in performance of this Agreement. c. Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, Utility should,to the greatest extent practicable under this Agreement,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States. Utility shall include the requirements of 2 C.F.R. 200.322 in all contracts and purchase orders for work or products under this Agreement. 14. Small and Disadvantaged Business Requirements: With regard to work performed under this Agreement, Utility shall comply with 2 C.F.R. 200.321 ("Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms"), and to the extent applicable, 49 C.F.R.part 26 ("Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs"). 15. Foreign Market Restrictions: Utility shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 16. Prohibition on Contracting with Entities With Delinquent Tax Liability or a Felony Conviction Under Federal Law: a. By signing the Agreement, Utility certifies that Utility (i)does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, (ii) does not have any unpaid Federal tax liability that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (iii)was not convicted of a felony criminal violation under any Federal law within the preceding 24 months. b. If Utility has such an unpaid Federal tax liability or Federal felony conviction that was not previously disclosed,then it must immediately notify the LOCAL AGENCY of the same in writing. c. In all contracts entered into by Utility with third parties in connection with this agreement,Utility shall require the third party to provide the same certification identified in paragraph 16(a)herein. Before entering into such an agreement with any third party, Utility shall check the System for Award Management"SAM")at http://www.sam.gov/for an entry describing that entity. d. If a third party entering into a contract with Utility that is connected to this Agreement cannot make the certification in paragraph 16(a)herein,then Utility shall not enter into the contract or continue performance under the contract with the third party unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. e. If, after having entered into a contract with a third party,Utility learns the third party has a delinquent Federal tax liability or Federal felony conviction, then Utility must(i) immediately notify the LOCAL AGENCY in writing, and (ii) shall not continue performing under the contract unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. f. If Utility enters into agreements with others to provide goods or services in connection with the work identified in the Agreement,then all such agreements shall require the SAM check in paragraph 16(c), certifications in paragraph 16(a), as well as the prohibitions and required notifications identified in paragraphs 16(d)and(e)herein. 17. Text Messaging While Driving: a. Workplace Safety. In accordance with Executive Order 13513,Federal Leadership on Reducing Text Messaging While Driving(Oct. 1, 2009)and DOT Order 3902.10,Text Messaging While Driving(Dec. 30, 2009),the Utility is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving(i) company-owned or-rented vehicles or Government-owned, leased or rented vehicles; or(ii)privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as (i) establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving; and (ii) education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. Contracts.To the extent permitted by law,the Utility shall insert the substance of this paragraph 17, including subparagraph(b), in all contracts with third parties to supply goods or services to complete the work identified in this Agreement. This paragraph 17(b) does not apply to contracts for the acquisition of commercially available off-the-shelf items. 18. Prohibition on Providing Funds to the Enemy: a. Utility must: 1. Exercise due diligence to ensure that none of the funds, including supplies and services,received under this agreement are provided directly or indirectly (including through subcontracts)to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities,which must be completed through 2 CFR 180.300 prior to entering into a contract; and 2. Terminate or void in whole or in part any contract with a person or entity listed is SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the contract. b. Utility may include the substance of this clause, including paragraph(a)of this clause, in contracts under this Agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. c. The Federal Railroad Administration(FRA)has the authority to terminate or void this Agreement, in whole or in part, if the FRA becomes aware that Utility failed to exercise due diligence as required by paragraph 18(a)herein or if the FRA becomes aware that any funds received from the Federal government for work identified in the Agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 19. Provisions Required by 2 CFR Part 200,Appendix II: Utility is subject all provisions identified in Appendix II to 2 CFR Part 200. Such provisions that are not otherwise identified in the Agreement or this exhibit are identified below: a. Equal Employment Opportunity. During the performance of this Agreement, Utility agrees as follows: (1)Utility will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. Utility will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: employment,upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Utility agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. (2)Utility will, in all solicitations or advertisements for employees placed by or on behalf of Utility, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)Utility will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with Utility's legal duty to furnish information. (4)Utility will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers'representatives of Utility's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)Utility will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)Utility will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. (7)In the event of Utility's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations, or orders,this contract may be canceled,terminated, or suspended in whole or in part and Utility may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)Utility will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through(8) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Utility will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Utility may request the United States to enter into such litigation to protect the interests of the United States. b. Copeland "Anti-Kickback"Act. Utility shall comply with 40 U.S.C. 3145 as supplemented by 29 C.F.R. Part 3. Utility acknowledges that it is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Utility agrees to timely report all suspected or reported violations to the LOCAL AGENCY. c. Contract Work Hours and Safety Standards Act. Utility shall comply with 40 U.S.C. 3701-3708 to the extent applicable. d. Compliance with Environmental Law. Utility shall comply with all applicable provisions of the CleanAirAct(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended. e. Byrd Anti-Lobbying Amendment. Utility certifies that it has not and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Utility must disclose any lobbying using non-Federal funds that takes place in connection with obtaining any Federal award. f. Procurement of Recovered Material. To the extent applicable to the work identified in the Agreement, Utility shall comply with 2 CFR § 200.323. g. Prohibition on Video Surveillance Equipment from Certain Foreign Entities. To the extent applicable to the work identified in the Agreement,Utility shall comply with 2 CFR § 200.216. Utility Relocation Agreement Final Final Audit Report 2024-11-20 Created: 2024-11-11 By: Kendallyn Zetina(kendall.zetina@lumen.com) Status: Signed Transaction ID: CBJCHBCAABAABPknRNLV8cdB165XKwvLft58h0zYk1h1 "Utility Relocation Agreement Final" History t Document created by Kendallyn Zetina (kendall.zetina@lumen.com) 2024-11-11 -11:00:00 PM GMT-IP address: 155.70.104.123 E. Document emailed to michael.e.casey@centurylink.com for approval 2024-11-11 -11:02:27 PM GMT ,t Email viewed by michael.e.casey@centurylink.com 2024-11-12-1'44:15 PM GMT-IP address:47.135.199.28 Cho Signer michael.e.casey@centurylink.com entered name at signing as Michael E. Casey 2024-11-12-1:44:44 PM GMT-IP address:47.135.199.28 00 Document approved by Michael E. Casey(michael.e.casey@centurylink.com) Approval Date:2024-11-12-1:44:46 PM GMT-Time Source:server-IP address:47.135.199.28 t--2. Document emailed to brett.mckinney@lumen.com for approval 2024-11-12-1:44:49 PM GMT l Email viewed by brett.mckinney@lumen.com 2024-11-19-6:16:25 PM GMT-IP address: 104.47.70.126 4 Signer brett.mckinney@lumen.com entered name at signing as Brett McKinney 2024-11-20-1:44:14 AM GMT-IP address: 155.70.39.45 (>0 Document approved by Brett McKinney(brett.mckinney@lumen.com) Approval Date:2024-11-20-1:44:16 AM GMT-Time Source:server-IP address: 155.70.39.45 C. Document emailed to alexis.goodrich@lumen.com for approval 2024-11-20-1:44:20 AM GMT t Email viewed by alexis.goodrich@lumen.com 2024-11-20-2:27:03 AM GMT-IP address: 184.103.156.239 Powered by L U M EN' Adobe Acrobat Sign Cr>6 Signer alexis.goodrich@lumen.com entered name at signing as Alexis Goodrich 2024-11-20-2:27:57 AM GMT-IP address: 184.103.156.239 E%, Document approved by Alexis Goodrich (alexis.goodrich@lumen.com) Approval Date:2024-11-20-2:27:59 AM GMT-Time Source:server-IP address: 184.103.156.239 L.L4 Document emailed to troy.goldie@lumen.com for signature 2024-11-20-2:28:02 AM GMT t Email viewed by troy.goldie@lumen.com 2024-11-20-1:45:31 PM GMT-IP address: 104.47.55.126 At Signer troy.goldie@lumen.com entered name at signing as Troy L Goldie 2024-11-20-1:46:40 PM GMT-IP address:98.10.110.95 Document e-signed by Troy L Goldie (troy.goldie@lumen.com) Signature Date:2024-11-20-1:46:42 PM GMT-Time Source:server-IP address:98.10.110.95 e) Agreement completed. 2024-11-20-1:46:42 PM GMT Powered by L U M EN' Adobe Acrobat Sign 11/21/24,3:34 PM marshdigital.marsh.com/marshconnect/viewMOl.action?formpage=printPage DATE MEMORANDUM OF INSURANCE 21-Nov-2024 This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum.This Memorandum does not amend,extend or alter the coverage described below.This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh is prohibited. "Authorized viewer shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via https://marshdigital.marsh.com/marshconnect/viewMOl.action?clientld=338138717.The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA LLC ("Marsh") Co. A Greenwich Insurance Company INSURED Co. B XL Specialty Insurance Co. Lumen Technologies,Inc.and all subsidiaries,including but not limited to:Qwest Corporation;Level 3 Co. C Allianz Underwriters Insurance Company Communications,LLC and CenturyLink Communications,LLC Co.D XL Insurance America,Inc. 100 CenturyLink Drive Monroe Co. E Louisiana 71203 United States Co.F COVERAGES 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 MEMORANDUM 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 CO TYPE OF POLICY POLICY LIMITS LTR INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS IN USD UNLESS OTHERWISE INDICATED DATE DATE A GENERAL RGD500033312 01-Sep-2024 01-Sep-2025 GENERAL USD15,000,000 LIABILITY AGGREGATE Commercial PRODUCTS-COMP/OP USD15,000,000 AGG General PERSONAL AND ADV USD3,000,000 Liability INJURY EACH OCCURRENCE USD3,000,000 Occurrence FIRE DAMAGE(ANY USD500,000 ONE FIRE) MED EXP(ANY ONE USD10,000 PERSON) A AUTOMOBILE RAD500033412 01-Sep-2024 01-Sep-2025 LIABILITY Any Auto -AOS COMBINED SINGLE USD2,000,000 LIMIT All Owned BODILY INJURY(PER Autos PERSON) BODILY INJURY(PER Hired Autos ACCIDENT) Non-Owned PROPERTY DAMAGE Autos C EXCESS U5Z000023220 01-Sep-2024 01-Sep-2025 EACHOCCURENCE USD10,000,000 LIABILITY Umbrella Form AGGREGATE USD10,000,000 B WORKERS RWD500032912 01-Sep-2024 01-Sep-2025 WORKERS COMP Statutory COMPENSATION/ LIMITS B EMPLOYERS AOS 01-Sep-2024 01-Sep-2025 EL EACH ACCIDENT USD1,000,000 LIABILITY B RWR500033012 01-Sep-2024 01-Sep-2025 EL DISEASE-POLICY USD1,000,000 LIMIT B WI 01-Sep-2024 01-Sep-2025 EL DISEASE-EACH USD1,000,000 RWE500033112 EMPLOYEE WA https://marshdigital.marsh.com/marshconnect/viewMOl.action?formpage=printPage 1/4 11/21/24,3:34 PM marshdigital.marsh.com/marshconnect/viewMOl.action?formpage=printPage THE RWE500033212 PROPRIETOR OH /PARTNERS/ EXECUTIVE OFFICERS ARE Included C Technology U5Z000023220 01-Sep-2024 01-Sep-2025 E&O incl. Limits USD10,000,000 Cyber/Privacy each Liability claim/aggregate B Crime ELU199086-24 01-Sep-2024 01-Sep-2025 Limits USD15,000,000 C Property U5Z000023220 01-Sep-2024 01-Sep-2025 Amount of Insurance USD25,000,000 The Memorandum of Insurance serves solely to list insurance policies,limits and dates of coverage.Any modifications here to are not authorized. MEMORANDUM OF INSURANCE DATE 21-Nov-2024 This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum.This Memorandum does not amend,extend or alter the coverage described below.This Memorandum may only be copied,printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use.Any other use,duplication or distribution of this Memorandum without the consent of Marsh is prohibited."Authorized viewer"shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via https://marshdigital.marsh.com/marshconnectiviewMOI.action?clientld=338138717.The information contained herein is as of the date referred to above.Marsh shall be under no obligation to update such information. PRODUCER INSURED Marsh USA LLC Lumen Technologies,Inc.and all subsidiaries,including ("Marsh") but not limited to:Qwest Corporation;Level 3 Communications,LLC and CenturyLink Communications,LLC 100 CenturyLink Drive Monroe Louisiana 71203 United States ADDITIONAL INFORMATION U.S.PROPERTY Deductible:USD 25,000,000 Property Coverage: "All Risk"of Direct Physical Loss or Damage to All Real and Personal Property,including while in the Course of Construction,Boiler&Machinery,Earthquake,Flood and Wind-Replacement Cost Basis,and Business Interruption-Actual Loss Sustained. Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your insurable interest. Waiver of Subrogation-Any person or organization whom you have entered into a contract or agreement,but only to the extent required by such contract or agreement. U.S.GENERAL LIABILITY Automatic Additional Insured's Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured's ownership and/or operations.Any insurance carried by the additional insured shall not be contributory insurance. https://marshdigital.marsh.com/marshconnect/viewMOl.action?forrnpage=printPage 2/4 11/21/24,3:34 PM marshdigital.marsh.com/marshconnect/viewMOl.action?formpage=printPage Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-Any person or organization with whom you have entered into a contract or agreement,or by statute,law or code of ordinances. Separation of Insureds Applies U.S.AUTOMOBILE LIABILITY Additional Insured-any person or organization you are required in a written contract,agreement,statute,l+aw or code of ordinances provided the"bodily injury"or"property damage"occurs subsequent to the executive of the contract,agreement,statute,law or code of ordinance. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary,excess,contingent or on any other basis unless the contract specifically requires that this policy be primary. Lessor-Additional Insured and Loss Payee-All Lessors Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-Any person or organization with whom you have waived prior to the"accident"or the"loss""under a contract with that person or organization, or under statute,law or code of ordinances. Separation of Insureds Applies. U.S.AUTOMOBILE PHYSICAL DAMAGE-SELF-INSURED WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY(OH&WA-SELF-INSURED-$USD1,000,000 RETENTION) Waiver of Our Right to Recover from Others(Waiver of Subrogation)-Where required by written agreement signed prior to loss,or required by statute,law or code of ordinances executed prior to loss. NON-U.S.GENERAL LIABILITY Policy Period:September 1,2024 to September 1,2025 Policy No.80-0279649 Insurer:The Insurance Company of the State of Pennsylvania USD8,000,000 Master Control Program Aggregate USD4,000,000 General Aggregate USD4,000,000 Products-Completed Operations Aggregate USD2,000,000 Personal&Advertising Injury Limit USD2,000,000 Each Occurrence Limit USD1,000,000 Damage to Premises Rented to You Limit USD250,000 Medical Expense Limit Automatic Additional Insured's Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. NON-US BUSINESS AUTO LIABILITY Policy No.80-0279650 Insurer:The Insurance Company of the State of Pennsylvania USD2,000,000 Liability Limit,any one accident USD25,000 Medical Expense Coverage,each accident NON-US VOLUNTARY COMPENSATION AND EMPLOYERS LIABILITY Voluntary Compensation-employee injury benefits varies by classification of employee Policy No.8375336 Insurer:The Insurance Company of the State of Pennsylvania USD2,000,000 Employers Liability Injury by Accident Each Accident USD2,000,000 Employers Liability Injury,by Disease,policy limit USD2,000,000 Employers Liability Injury,by Disease,each employee https://marshdigital.marsh.com/marshconnect/viewMOl.action?formpage=printPage 3/4 11/21/24,3:34 PM marshdigital.marsh.com/marshconnect/viewMOl.action?fomipage=printPage NON-US PROPERTY Property Coverage: "All Risk"of Direct Physical Damage to All Real and Personal Property,including while in the Course of Construction,Boiler&Machinery,Earthquake,Flood and Wind(all subject to sublimits)-Replacement Cost Basis,and Business Interruption-Actual Loss Sustained.Coverages listed may be subject to additional sublimits as outlined in the policy. Policy No.PPR 9486706-12 Insurer:Zurich American Insurance Company Policy Period:March 15,2024 to March 15,2025 Amount of Insurance:USD$75,000,000 Deductible:USD$75,000,000 WORLDWIDE EXCESS/UMBRELLA Coverage applies per occurrence Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement,statute,law or code of ordinances. Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation)-Any person or organization with whom you have entered into a contract or agreement,but only to the extent required by such contract or agreement,statute,law or code of ordinances. Separation of Insureds Applies. WORLDWIDE CONTRACTOR'S POLLUTION Policy No.03101161 Insurer:Allied World Assurance Company(U.S.)Inc. Policy Period:September 1,2024 to September 1,2026 Limits of Liability:USD 5,000,000 each pollution condition/USD 5,000,000 aggregate USD 500,000 Deductible Additional Insured where required by written contract,provided the contract is executed and effective prior to the date the policy incident first commenced. TECHNOLOGY E&O INCL.CYBER Additional Insured as required by written contract and only as respects Claims against such person or entity for acts, errors or omissions of the Insured Organization. Waiver of Subrogation as required by written contract made before an incident or event giving rise to a Claim or Loss. NOTICE OF CANCELLATION IN ACCORDANCE WITH ALL POLICY PROVISIONS. The Memorandum of Insurance serves solely to list insurance policies,limits and dates of coverage.Any modifications hereto are not authorized. https://marshdigital.marsh.com/marshconnect/viewMOl.action?formpage=printPage 4/4 ENDORSEMENT# This endorsement, effective 12:01 a.m., September 1, 2024 forms a part of Policy No. RGD5000333-12 issued to Lumen Technologies, Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED'S PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Part apply unless modified by this endorsement. The following provision is added to Section II,Who is an Insured: 1. f. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the coverage and/or limits of this policy. Except when required otherwise by Insured contract, this insurance does not apply to: (1) (a)All work on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (b) 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 a part of the same project. (2) Bodily Injury or Property Damage arising out of any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. When both parties to a contract have been added as additional insureds to each others policies, primary coverage shall be determined by the terms of contract. Authorized Representative MANUS ©2024 X.L.America, Inc. All Rights Reserved. May not be copied without permission. Candice Powers-Henderson From: Erica Amsden Sent: Thursday, November 21, 2024 12:31 PM To: Candice Powers-Henderson Subject: FW: COSV Pines Road/BNSF Reimbursement Agreement Draft Attachments: Manus - Automatic Additional Insured's Primary Coverage.pdf Erica Amsden //CIP Engineering Manager 10210 E. Sprague Ave//Spokane Valley, WA 99206 509-720-5012// eamsdenSpokaneValleyWA.gov scrokano•-"N, ,,,,•"Walley® This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: Esher, Hilary<Hilary.Esher@lumen.com> Sent:Wednesday, October 23, 2024 9:29 AM To:Zetina, Kendallyn<Kendall.Zetina@lumen.com>; Erica Amsden <eamsden@spokanevalleywa.gov>; Kelly Konkright <kKonkright@spokanevalleywa.gov> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Hi All, I have a scheduling conflict at 3pm. Would it be possible to move this meeting up 30 minutes to 2:30 MDT? I have also included some comments below that might help to resolve the outstanding issues. Per a prior conversation with Kendallyn looks like the two outstanding items are the City being included as an additional insured and copies of policies. Due to the size of Lumen,we use a blanket additional insured endorsement for our additional insured status, which means that you are automatically included as an additional insured if there is a written agreement in place (very common for large corporations to use a blanket additional insured endorsement due to the volume of additional insureds). Per the comment from Kelly, it looks like a waiver was sent and that would not be the correct endorsement. I've attached the correct blanket additional insured endorsement. Lumen can agree to provide redacted polices if required by a court order. Our policies contain proprietary information and manuscript endorsements. Hope this helps. i Thank you, Hilary Hilary Esher Insurance Program Manager Risk Management tel: 303-992-7092 r U M EN This e-mail and any attachment is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are notified that any dissemination, distribution or copying of this email and any attachments is strictly prohibited. If you have received this e- mail in error, please immediately notify me at 303-992-7092 and permanently delete the original and any copy of any e- mail and any printout thereof. Original Appointment From:Zetina, Kendallyn<Kendall.ZetinaPlumen.com> Sent:Tuesday, October 22, 2024 4:34 PM To: Zetina, Kendallyn; Erica Amsden; Kelly Konkright; Esher, Hilary Subject: COSV Pines Road/BNSF Reimbursement Agreement Draft When: Wednesday, October 23, 2024 4:00 PM-4:30 PM (UTC-06:00) Central Time (US &Canada). Where: Microsoft Teams Meeting Microsoft Teams Need help? Join the meeting now Meeting ID: 291 023 910 23 Passcode: nc5gCE Dial in by phone +1 504-321-4696„994650146# United States, New Orleans Find a local number Phone conference ID: 994 650 146# For organizers: Meeting options Reset dial-in PIN 2 From: Erica Amsden<eamsden@spokanevalleywa.gov> Sent:Tuesday, October 22, 2024 5:28 PM To: Zetina, Kendallyn<Kendall.Zetina@lumen.com> Cc: Beal,Jerrmee <ibeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patiens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov>; Esher, Hilary<Hilary.Esher@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft ICAUTION:This email originated outside of Lumen Technologies. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kendallyn, Kelly Konkright and I will attend. Kelly is our City Attorney. Thanks, Erica Amsden //CIP Engineering Manager 10210 E. Sprague Ave// Spokane Valley, WA 99206 509-720-5012 // eamsden©SpokaneValleyWA.gov Siôk ane ....•Valley® This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From:Zetina, Kendallyn<Kendall.Zetina@lumen.com> Sent:Tuesday, October 22, 2024 3:26 PM To: Erica Amsden <eamsden@spokanevalleywa.gov> Cc: Beal,Jerrmee<jbeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov>; Esher, Hilary<Hilary.Esher@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Hi Erica, Who all would you like invited on your end? Thank you, 3 Kendall Williams-Zetina (She/Her) Project Manager _ Tulsa, Oklahoma LU M c N' Kendall.Zetina@Lumen.com From: Erica Amsden<eamsden@spokanevalleywa.gov> Sent:Tuesday, October 22, 2024 4:23 PM To: Zetina, Kendallyn<Kendall.Zetina@lumen.com> Cc: Beal,Jerrmee<jbeal(c@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov>; Esher, Hilary<Hilary.Esher@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft ICAUTION:This email originated outside of Lumen Technologies. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kendallyn, We are available during the following times: • Wednesday, 10/23-11 AM to noon (PDT) or 2PM to 3 PM (PDT) • Thursday, 10/24—3:30PM to 4:30 (PDT) Is there a time that will work for you in the above timeframes? If not,we can look at the following week. Thanks, Erica Amsden //CIP Engineering Manager 10210 E. Sprague Ave// Spokane Valley, WA 99206 509-720-5012// eamsden(a�SpokaneValleyWA.gov sokae ,,,SValley® This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From:Zetina, Kendallyn<Kendall.Zetina@lumen.com> Sent: Monday, October 21, 2024 3:49 PM To: Erica Amsden <eamsden@spokanevalleywa.gov> Cc: Beal,Jerrmee<ibeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patiens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov>; Esher, Hilary<Hilary.Esher@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft 4 [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Hi Erica, Hilary let me know she would be available to join a call to discuss the insurance provisions. What times would you have available this week to discuss? I can send out a teams invite to anyone who would need to join. Thank you, Kendall Williams-Zetina (She/Her) Project Manager Tulsa, Oklahoma LU M N& Kendall.Zetina@Lumen.com From: Erica Amsden <eamsden@spokanevalleywa.gov> Sent: Monday, October 21, 2024 4:49 PM To: Zetina, Kendallyn <Kendall.Zetina@lumen.com> Cc: Beal,Jerrmee<ibealc congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patiens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov>; Esher, Hilary<Hilary.Esher@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft ICAUTION:This email originated outside of Lumen Technologies. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Kendallyn. Hilary, do you need any additional information to respond? Erica Amsden // CIP Engineering Manager 10210 E. Sprague Ave//Spokane Valley, WA 99206 509-720-5012// eamsden(a�SpokaneValleyWA.gov SpoCITY OF kane ... Valley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From:Zetina, Kendallyn<Kendall.Zetina@lumen.com> Sent:Wednesday, October 16, 2024 1:27 PM To: Erica Amsden<eamsden@spokanevalleywa.gov> 5 Cc: Beal,Jerrmee<jbeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov>; Esher, Hilary<Hilary.Esher@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Hi All, Adding Hilary Esher with risk management to respond back regarding the edits to section 8.1. Thank you, Kendall Williams-Zetina (She/Her) Project Manager Tulsa, Oklahoma LUMEN' Kendall.Zetina(@Lumen.com From:Zetina, Kendallyn Sent: Friday, October 11, 2024 5:12 PM To: Erica Amsden<eamsden@spokanevalleywa.gov> Cc: Beal,Jerrmee <jbeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft Hi Erica, Let me see if I can get a call set up with our risk management team regarding the additional edits and respond back next week. Let me know if you need anything in the meantime please. Have a good weekend! Kendall Williams-Zetina (She/Her) Project Manager Tulsa, Oklahoma LUMEN' Kendall.Zetina@Lumen.com From: Erica Amsden<eamsden@spokanevalleywa.gov> Sent:Tuesday, October 8, 2024 6:28 PM To:Zetina, Kendallyn<Kendall.Zetina@lumen.com>; Erica Amsden <eamsden@spokanevalleywa.gov> Cc: Beal,Jerrmee <jbeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse 6 <Jesse.Patiens@lumen.com>; Kelly Konkright<kKonkright@spokanevalleywa.gov>; Bill Helbig <bhelbig@spokanevalleywa.gov> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft ICAUTION:This email originated outside of Lumen Technologies. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kendallyn, Please see the attached with an additional edit to section 8.1.Would it be possible for our attorney to discuss the insurance issue with legal staff or another appropriate person at Lumen? Thanks, Erica Amsden //CIP Engineering Manager 10210 E. Sprague Ave// Spokane Valley, WA 99206 509-720-5012 // eamsdenc ary.k.- e ...OA lley® This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: Zetina, Kendallyn <Kendall.Zetina@lumen.com> Sent:Thursday, October 3, 2024 11:32 AM To: Erica Amsden<eamsden@spokanevalleywa.gov> Cc: Beal,Jerrmee<ibeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Hi Erica, I have received word back from our risk management team with the following updates: Lumen cannot accept the changes made to the language to provide policies as the policy is proprietary information to Lumen and contains manuscript endorsements. I have also attached Lumen's blanket insured endorsement as requested for review. Please let me know if these updates are acceptable or if you would like to discuss further. Thank you, Kendall Williams-Zetina (She/Her) Project Manager Tulsa, Oklahoma LUMEN' Kendall.Zetina@Lumen.com From: Erica Amsden <eamsden@spokanevalleywa.gov> Sent:Tuesday, October 1, 2024 6:25 PM To: Zetina, Kendallyn<Kendall.Zetina@lumen.com> Cc: Beal,Jerrmee<ibeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft ICAUTION:This email originated outside of Lumen Technologies. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kendallyn, I wanted to follow up on the agreement.The NEPA revision approval is anticipated to be completed this week.We would like to finalize the agreement ASAP so the work can go ahead of the BNSF bridge work. Thanks, Erica Amsden // CIP Engineering Manager 10210 E. Sprague Ave// Spokane Valley, WA 99206 509-720-5012 // eamsden(c�SpokaneValleyWA.gov ary°Fkae .„, •*Valley® This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: Erica Amsden Sent: Friday, September 20, 2024 9:31 AM To:Zetina, Kendallyn<Kendall.Zetina@lumen.com> Cc: Beal,Jerrmee<jbeal(c@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patjens@lumen.com> Subject: RE: COSV Pines Road/BNSF Reimbursement Agreement Draft Hi Kendallyn, Please see the attached agreement responses and request for additional information in the comments. Please provide the requested information and let me know if you are okay with the latest revisions. Thanks, 8 Erica Amsden //CIP Engineering Manager 10210 E. Sprague Ave// Spokane Valley, WA 99206 509-720-5012// eamsden(a�SpokaneValleyWA.gov Sjökane ,,,,.=Valley® This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: Zetina, Kendallyn<Kendall.Zetina@lumen.com> Sent:Tuesday, August 20, 2024 2:57 PM To: Erica Amsden <eamsden@spokanevalleywa.gov> Cc: Beal,Jerrmee<ibeal@congruex.com>; Chambard, David L<David.Chambard@lumen.com>; Patjens,Jesse <Jesse.Patiens@ lumen.com> Subject: COSV Pines Road/BNSF Reimbursement Agreement Draft [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Hi Erica, Please see the attached redlined reimbursement agreement draft and exhibits for your review. Let me know if you have any questions or concerns. Thank you, Kendall Williams-Zetina (She/Her) Project Manager Tulsa, Oklahoma LU M c I'*+r KendallZetna@Lumencom 9 .'r�I-- 19,7 00 ACC>R h® CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) oe/z6/2025s/zo25 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: MARSH USA LLC. CA License #0437153 — PHONE C No 1301 5th Avenue, Suite 1900 E-MAIL Seattle, WA 98101-2682 ADDRESS: Attn: Seattle.certrequest@marsh.com / Fax: 212-948-4326 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Greenwich Insurance Company 22322 CN1 02197661 -STND-ALL-25-26 INSURED Lumen Technologies, Inc. INSURER B: XL Specialty Insurance Co. 37885 INSURER C : Fireman'a Fund Indemnity r r n 11380 and all subsidiaries, including but not limited to: Owest Corporation; Level 3 Communications, LLC and CenturyLink Communications, LLC INSURER D : 100 CenturyLink Dr, INSURER E : INSURER F : Monroe, LA 71203 COVERAGES CERTIFICATE NUMBER: SEA-003628385-27 REVISION NUMBER: 10 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY y y RGD500033313 09/01/2025 09/01/2026 EACH OCCURRENCE $ 3,000,000 CLAIMS -MADE IX OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 X MED EXP (Any one person) $ 10,000 CONTRACTUAL LIABILITY PERSONAL & ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 15,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 15,000,000 $ OTHER: A AUTOMOBILE LIABILITY y RAD500033413 09/01/2025 09/01/2026 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ ANY AUTO Auto Physical Damage - Self Insured Ix OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGEAUTOS Per accident $ HIRED NON -OWNED ONLY X AUTOS ONLY C X UMBRELLALIAB X OCCUR Y Y USZ00113025 09/01/2025 09/01/2026 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? (Mandatory in NH) N / A y RWD500032913 (AOS) RWR500033013 (WI) RWE500033113 (WA) 09/01/2025 09/01I2025 09/01/2025 09/01/2026 0910112026 09/01/2026 PER OTH- X I STATUTE ER ELEACH ACCIDENT E.L. $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 B If yes, describe under DESCRIPTION OF OPERATIONS below RWE500033213 ( OH) 09/01/2025 09/01/2026 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Technology E&O Incl. USZO0113025 09/01/2025 09/01/2026 Each Claim/Aggregate 10,000,000 Cyber/Privacy Liability Retention 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Spokane Valley Attn: Susan Bullock 10210 East Sprague Ave Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102197661 ACORD® 16.� LOC #: Seattle ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA LLC. Lumen Technologies, Inc. and all subsidiaries, including but not limited to: Qwest Corporation; Level 3 Communications, LLC and POLICY NUMBER Centuryl-ink Communications, LLC 100 Centuryl-ink Dr. Monroe, LA 71203 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance GENERAL LIABILITY Automatic Additional Insured's Primary Coverage Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured's ownership and/or operations. Any insurance carried by the additional insured shall not be contributory insurance. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) — any person or organization with whom you have entered into a contract or agreement, or by statute, law or code of ordinance. Separation of Insureds Applies. Insurance covers incidents that occur within 50' of railroad property, any railroad exclusions have been deleted per endorsement CG2417. AUTOMOBILE LIABILITY Any person or organization you are required in a written contract, agreement, statute, law or code of ordinances provided the "bodily injury" or "property damage" occurs subsequent to the executive of the contract, agreement, statute, law or code of ordinances. Lessor - Additional Insured and Loss Payee - All Lessors Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) —Any person or organization with whom you have waived prior to the "accident" or the 'loss" under a contract with that person or organization, or under statute, law or code of ordinances. --- WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERSCOMPENSATION AND EMPLOYER'S LIABILITY (OH & WA - SELF -INSURED - $1,000,000 RETENTION) -- Waiver of Our Right to Recover from others Endorsement — Where required by written agreement signed prior to loss, or required by statute, law or code of ordinances executed prior to loss. ---- ------ -- EXCESS/UMBRELLA ------ Coverage applies per occurrence. Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Separation of Insureds Applies. -- COMMERCIAL CRIME - FIDELITY BOND Carrier: XL Specialty Insurance Company Policy Number: ELU205909-25 Effective Dates: 09101 /2025 - 09/01 /2026 Deductible: $1,000,000 Each Occurrence: $15,000,000 ------ U.S. PROPERTY Cartier. Fireman's Fund Indemnity Corporation Policy Number: USZO0113025 Effective Dates: 09/01/2025 - 09/01/2026 Limit: $25,000.000 Deductible: $25,000,000 Property Coverage: "All Risk" of Direct Physical Loss or Damage to All Real and Personal Property, including Boiler & Machinery, Earthquake, Flood and Wind - Replacement Cosl Basis, and Business Interruption - Actual Loss Sustained. Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your insurable interest. Waiver of Subrogation - Any person or organization whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Other deductibles may apply as per policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD