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25-120.00CogentFiberLLCPines/BNSFGSPCIP0223Utility Construction Agreement Utility Name & Address Work b Utility LOCAL AGENCY Cost Cogent Fiber LLC (fka Sprint Communications Y ty — Company L.P.) 2450 N Street, NW, 4tn Floor, Washington, D.C. 20037 Agreement Number 25-120 Route Cross Streets SR 27 From Pinecroft Way to Trent Avenue SR-290 Estimated Agreement Amount $ 105.493.43 Project Pines Rd/BNSF Grade Separation Project This Utility Construction Agreement (hereinafter "Agreement") is made and entered into between the City of Spokane Valley (LOCAL AGENCY) and the above -named Utility; each hereinafter referred to individually as "Party" and collectively as "Parties." Recitals 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 Utility facilities (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. Specifically, Utility has facilities within the project area pursuant to an Easement Agreement dated October 14, 1991 with Burlington Northern Santa Fe Rail. 3. The Work shall be defined as all materials, equipment, direct and indirect labor, contract administration, overhead, and any other effort or cost 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 relocation, removal, protection, and/or construction of its facilities. Now, Therefore, pursuant to and in consideration of the terms, conditions, covenants, and obligations contained herein, as well as the attached Exhibits A through C which are incorporated and made a part hereof, It Is Mutually Agreed As Follows: 1. Construction, Inspection, and Acceptance 1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects is adopted and made a part of this Agreement as if fully contained herein. 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. Should Page 1 of 11 the parties agree that 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 or proportion of the work constituting 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 contract 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 contract for the LOCAL AGENCY's written approval of the contractor and contract Page 2 of 11 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, construction procedures, materials, and/or utility installation, as provided 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, without the LOCAL AGENCY liability or expense. 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 make all reasonable efforts to schedule and perform the Work in such manner as to not cause unreasonable delay or interference with the LOCAL AGENCY's contractor in the performance of the LOCAL AGENCY's project. 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 Utility Construction Agreement, the Utility shall comply with the terms and conditions of the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Agreement between the U.S. Department of Transportation - Page 3 of 11 Federal Railroad Administration and the City of Spokane Valley, Agreement Number 69A36525420110RASWA ("RAISE Grant Agreement), which is by this reference incorporated herein, to the extent applicable to Utility. The pertinent RAISE Grant provisions are identified in Exhibit C of this Agreement. Along with a fully executed copy of this Agreement, Utility shall provide executed copies of the certifications contained in Exhibit D. 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. 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 one -hundred fifty (150) 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 fifteen (15) percent, the Utility shall immediately notify the LOCAL AGENCY before performing any Work in excess of said itemized cost estimate plus fifteen (15) percent thereof ("Allowed Overage"). Costs above the Allowed Overage shall require an amendment to Exhibit B before the Utility incurs such costs. 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. Should Utility's proposed changes not be accepted or rejected by LOCAL AGENCY within said ten (10) working days, the proposed changes shall be deemed accepted. 6. Franchise, Permit or Easement 6.1 To the extent that Utility relocates into the Local Agency's right of way, the Utility shall apply for a permit, franchise or an amendment to its current franchise for those new or modified Utility facilities that will be located within the LOCAL AGENCY's right of way. Page 4 of 11 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 that its use of any possessory and/or use rights that Utility might retain in the areas from which the Utility relocated its facilities will not and shall not interfere with the LOCAL AGENCY'S right-of-way easement in the same location. 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 (subject to the legislative approval process if required by law) 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 LOCAL AGENCY property, upon which the Pines Road/BNSF Grade Separation Project is planned, 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. 7.3 The Utility agrees to comply with applicable requirements concerning entry onto state- owned rights of way. 8. General Provisions 8.1 Indemnification: The Parties shall indemnify and hold each other and each of their respective agents, employees, and/or officers from and shall process and defend at their own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature, brought against the Indemnified Party and its agents, employees and/or officers, arising out of or alleging negligence on the part of the Indemnifying Party. If and to the extent that such claims are caused by or result from the concurrent negligence of (a) the Utility, its agents, employees, and/or officers, and (b) the LOCAL AGENCY, its agents, employees, and/or officers, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the intentional or negligent 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, its agents, employees, and/or officers from any claims arising from the sole negligence of the Indemnified Party, its agents, employees, and/or officers. 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. 8.2 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. Page 5 of 11 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. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The LOCAL AGENCY shall be named 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 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 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 (limits to be maintain through any combination of primary and excess/umbrella policies): 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. 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. If Utility maintains higher insurance limits than the minimums shown above, LOCAL AGENCY shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Utility, irrespective of whether such limits Page 6 of 11 maintained by Utility are greater than those required by this Agreement or whether any certificate of insurance furnished to the LOCAL AGENCY evidences limits of liability lower than those maintained by Utility. 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 Coveracie. As evidence of the insurance coverages required by this Agreement, Utility shall furnish acceptable insurance certificates to LOCAL AGENCY at the time Utility returns the signed Agreement, which shall be Exhibit C. The certificate shall specify 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. 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 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 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 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 8.3 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. 8.4 Certification Regarding Debarment Suspension and Other Responsibility Matters — Primary Covered Transactions. Page 7 of 11 A. Utility agrees to comply with all terms, conditions and obligations as contained in Term B.2 of the RAISE Grant Agreement. B. By executing this Agreement, the Utility certifies to the best of its knowledge and belief that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have 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) Are 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) Have 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. C. 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. D. 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. (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 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. 8.6 Termination: Page 8 of 11 8.6.1 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. 8.6.2 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 8.6.1, 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. 8.6.3 In the event Utility materially breaches this Agreement, then the LOCAL AGENCY may terminate this Agreement if Utility does not cure the breach within a reasonable time after receiving written notice of the breach. 8.7 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. 8.8 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. LOCAL AGENCY's only interest in the Utility's Work is that the completed Work meets the specifications and requirements of this Agreement. Utility, not the LOCAL AGENCY, is responsible for determining the manner and methods the Utility will implement to complete the Work in accordance with this Agreement. 8.9 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 request. Utility further assures that it will comply with all applicable provisions governing the Federal Railroad Administration's access to records, accounts, documents, information, facilities, and staff. 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. 8.10 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. Page 9 of 11 8.11 Exhibits: The following Exhibits are part of this Agreement and fully incorporated as terms of the Agreement: Exhibit A. Plans and Specifications Exhibit B. Cost Estimate Exhibit C. Assurance of Compliance with Applicable Federal Law Exhibit D. Certifications 8.12 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 Vice President of Infrastructure CIP Engineering Manager Sprint Communications Company L.P. City of Spokane Valley 2450 N Street, NW, 4th Floor 10210 E Sprague Avenue Washington, DC 20037 Spokane Valley, WA 99206 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 11 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 A enc utility By: By: Dave 'Schaeffer Dave Schaeffer (Aug 15, 2026 17:56:36 EDT) Printed: Printed: David Schaeffer Title: City Manager Title: President & CEO Date: Date: 08/15/2025 Page 11 of 11 Exhibit A Ce!"'�' 1� t:, Y t SPOKANE, WA. - PLAINS MT. FIBER OPTIC CABLE ROUTE FIBER CABLE RELOCATION ALONG BNSF RAILROAD IN SPOKANE VALLEY, WA. NTWRK 408-00-000-881-00072 PROJECT ID# NW-000030 CONSTRUCTION ISSUE DRAWINGS MAY 22, 2025 MMUNM�wrw�bba _YYfl _ �1811vi FIBER OPTIC ROUTE SPOMNE. WA. - PLAINS, MT. COGENT CABLE RELOCATION SPOKANE VALLEY, WASHINGTON LIST OF DRAWINGS DRAWING NO. NAME OF DRAWING DRAWING NO. 1 OF 7 COVER PAGE DRAWING NO. 2 OF 7 LIST OF DRAWINGS DRAWING NO. 3 OF 7 PROJECT ROUTE MAP DRAWING NO. 4 OF 7 CONSTRUCTION NOTES DRAWING NO. 5 OF 7 PLAN PROFILE DRAWING NO. 6 OF 7 36"40"x36" HAND HOLE DRAWING NO. 7 OF 7 PROJECT CONTACT SHEET JOB DESCRIPTION 1 OF 3 SCOPE OF WORK I FIBER OPTIC ROUTE SPOKANE, WA.- PLAINS, MT - COGENT CABLE BELOCA71ON SPOKANE VALLEY, WASHINGTON J io. y ` 1►it / 6 At WORK SITE 719 `w } �� - _ 1. CONTRACTOR IS RESPONSIBLE FOR LDCAONG ALL UIUTIES PRIOR TO CONSTRUCTKRL SEE PROTECT CONTACT UST DRAWING FOR NAMES AND NUMBERS. 2. CONTRACTOR IS REQUIRED TO HAVE ALL DNSF RAILROAD COMMUNICATION AND SIGNAL CABLES LOCATED PRIOR TO WORK WITHIN CAADIAN NATIONAL RALFOAD PROPERTY. 3. THE CONTRACTOR SHALL COMPLY WITH ALL REOUIREMENTS OF THE VARIOUS PERMITS OBTAINED FOR THE PROJECT. 4. HOURS OF CONSTRUCTION SHALL BE LIMITED BY PERMITS OBTAINED FOR THE PROJECT. 5, THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) APPLY TO ALL EXCAVATION, TRENCHING AND DITCHING OPERATIONS ON THIS PROJECT. ALL TRENCHES FOUR (4) FEET IN DEPTH SHALL BE SHORED IN COMPLIANCE WITH APPLICABLE FEDERAL AND/OR STATE REGULATIONS AS A GENERAL RULE. SHORING SHALL BE REQUIRED IN ALL STREET AREA EXCAVATIONS. AND SLOPING TO THE ANGLE OF REPROSE WILL BE PERMITTED ONLY IN NON-CfiRI A. OFF-STREET AREAS. 6. CONTRACTORS SHALL TAKE ADEQUATE PRECAUTIONS TO PR07ECT EXIS71NG LAWNS, TREES, AND SHRUBS OUTSIDE RIGHT-OF-WAY, SIDEWALKS, CURBS, PAVEMENTS, UTILITIES, ADJOINING PROPERTY, AND STRUCTURES, AND TO AVOID DAMAGE THERETO CAUSED BY CONTRACTORS OPERATIONS. 7. THE CONTRACTOR SHALL BE RESPONSIBLE AT ALL RIVES FOR THE MAINTENANCE OF STREETS AND OTHER UTILITIES AFFECTED BY CONSIRUCTIDN OPERATIONS, DEBRIS AND RUBBISH SHALL NOT BE PERMITTED TO ACCUMULATE AND ALL PRDA15ES SHALL BE MANTAXNED IN A NEAT AND WORKMANUKE CONDITION. 8. THE FOLLOWING SPECIAL REVISIONS SHALL APPLY TO THE TRAFFIC REGULATION DURING THE EXTENT OF TINS PROJECT: A THERE SR41L BE AT ALL TIMES ADEQUATE VEHICLE AND PEDESTRIAN ACCESS FOR INGRESS AND EGRESS FROM THE PROPERTIES ADJACENT 70 THE PROJECT. B. DURING NON -WORKING HOURS, THE CONTRACTOR SHALL KEEP THE EXISTING TRAFFIC LANES CLEAR FOR TRAFFIC WITHOUT INTERFERENCE FROM HIS OPERATIONS INCLUDING ALL APPROACHES AND INTERSECTIONS. CONSTRUCTION NOTES PROJECT ID # NW-000030 9. A WASTE SITE HAS 140T BEEN PROVIDED BY THE OWNER FOR THE DISPOSAL OF EXCESS MATERIALS AND DEBRIS. 10. WHERE HAZARDOUS CONDITIONS EXIST, PROPER SIGNING, FLAGGING AND BARRICADING SHALL BE PROVIDED BY THE CONTRACTOR. 11. NO TRENCH OR EXCAVATION SHALL BE LEFT DPEN OVERNIGHT DR UNATTENDED. 12. ANY VEGETATION DISTURBED DURING CONSTRUCTION INCLUDING LAWNS, TREES AND SHRUBS SHALL BE REPLACED IN KIND. 13. BACKTXL AND COMPAC710N A BICKFILLING AND COMPACTION SHALL BEGIN AS SOON AS THE CORRESPONDING TRENCHING WORK IS COMPLETE. B. NO BACKFILL MATERIAL SHALL BE DEPOSITED IN STANDING WATER. C. EXTREME CAURON SHALL BE USED WHILE COMPACTING OVER UDLRIES 10 AVOID DAMAGE OR COLLAPSE. D. EACH LAYER SHALL BE MECHANICALLY COMPACTED USING PLATFORM TYPE TAMPERS OR EQUIVALENT, PARTICULAR CARE SHALL BE TAKEN TO COMPACT BACKFILL WHICH WILL BE BENEATH PIPES. DRIVES, ROADS. OR OTHER SURFACE CONSTRUCTION OF STRUCTURES. E OPEN IRE14CHES SHALL BE HYDRAUUGALLY TAMPED N 6' LIFTS. REMAINING EXCAVATION WILL BE COMMON BACKFILL REMOVED FROM EXCAVATION, HYDRAULICALLY TAMPED N 6' LIFTS. NO FROZEN MATERIAL OF ANY TYPE, ROCKS. BOULDERS. BROKEN CONCRETE OR BROKEN ASPHALT PAVEMENT, BRICKS OR ANY OTHER FOREIGN MATERIAL WILL BE ACCEPTED FOR BACKFILL 14. ALL WORKERS ON BNSF RAILROAD MUST BE BNSF RAILROAD SAFETY TRAINED AND WEAR RALROAD APPROVED PERSONAL PROTECTIVE EQUIPMENT N%U ORAww nuelT FIBER OPTIC ROUTE qA; SPOKANE, WA. - PLAINS. MT. awT NA; COGENT CABLE RELOCATION SPOKANE VALLEY...ASHNGTON �® � SHEET40F7 I N7WRK4D5Q0aD4IBI4X SPOKANE W0. SPOKANE COUNTY PLAINS,M SPOKANE VALLEY, WASHINGTON T25N-R44E SEC. 23 0 W y O 2 COGENT CONTRACTOR TO r N I I of 28V TO CIL OF 2 W N TRENCH/BORE P' SOR-11 HOPE HVJT 290 J$ W C2 INSERVICECOGENTFOC DUCT AT 4r WN. DEPTH STA 0«000! AS STA. 808+74 4 2 , 4 / TO BE ABANDONED IN PLACE APPROX. 50' SWEEP INTO HH. of EXISTING 36"x60'k36" HANDHOLE AFTER SPLICING 00 , 0 ACCESS RD i 0 I _ _ 0 IN-SERVICE COGENT FOC a ,76' BNSF PROVIDED y 40 75' .,.,,.,,..�..,�......,,,,. PULL THRU HH � NOTE: BEFORE SPLICING C 2 DIG BACK 100 TO EXPOSE EXIST FIBEf CUT DUCTAND PULL BACK FlBER INTO NEW HH FOR SLACK IN-SERVICE COGENT 36f SET HH ALONG SLIDE EXISTING 4' DUCT, TRENCH APPROX. 25'NORTH TO BNSF PROVIDED HH. PLACE 20' 1�" PLUS BENDS. PULL 36F IN HOPE FROM7TO COGENT PLACED HANDHOLE& 2020 EXISTING GROUND LEVEL 1- 4- HOPE S6R-11 DUCT 2010 AT RAILROAD AT 4W MINIMUM DEPTH - APPROX. 50' IN LENGTH 2000 PR POSED BNSF RR BRIDGE EMSTINO H PINES RD EL 10e1R 199D 1980 STA O+OOOI AB STA 808+74 1970 EXISTING 36'x60"x36" PULL THRU HANDHOLE. SET NEW 30x4Bx24 HANDHOLE 0+111 19fi0 0+000 0+100 0+200 �o®c�aA4o®�I NOT FOR DISCLOSURE OR REPRODUCTION .rs dried HH Md c&al N. Plnes Rd s qm Gay oved eoa x:rp ACCESSF 100' WEST OF NEW HH. PULL BACK 5TA. 0.350 FOR SLACK. I PROPOSED 301-I 5PLICE HANDHOLE . COGENT CONTRACTORS TO BNSF PROVIDED P' STEEL DUCT SET HHALONG SM EXIST r BRIDGE ATTACHMENT DUCT. PULL NEW 36F THRU NEW DUCT. LEAVE 100 APPROX 198' IN LENGTH SLACK COIL COGENT CONTRACTORS TO PLACEUET 36F THRU ID. BNSF TO PLACE (1) 4" STEEL DUCT TRENCHIBORE r HDPE SDR-11 BRIDGE ATTACHMENT AT IB" MIN DEPTH. APPROX 196' IN LENGTH, APPROX 50' STA. 0-350 PROPOSED 1ICE 2020 2010 2000 1990 1980 1970 1960 0+500 FIBER OPTIC ROUTE SPOKANE WA- PLAINS, MT. COGENT CABLE RELOCATION SPOKANE VALLEY, WASHNGTON SHEETSOF7 I NTWRK40MV40N l-M r. LOCATOR FULL - RANGE MARKER (MOLDED IN COVER) PULL SLOTS (2)- GENBtIG— SPRAY PAINT 'COGENT, SPRINT' A 3/i8'-16' NC HEX BOOS W/WASHERS (2 REQ) 30' MOUSEHOIF FOR DUCT IBOTH ENDS) '� I� • 1' li..WAR-0 RIBBON TYPICAL BURIED HANDHOLE INSTALLATION PLACE 60 LB BAG OF SAKRETE AT EACH CORNER OF HANDHOLE HANDHOLE WLL SR ON TOP OF CONCRETE BAGS. W x48"x 24I TIER-22 HANDHOLE H EACH DIRECTION FROM BOTTOM LAYER COMPACTED GRAVEL BASE PIPE SIZE . TVPE PER SPECIFICATION i LMIiS OF EXCAVATION TIE PULL ROPE SECURELY TO EYE OF SEALING BUSH NO PINT ROPE INNEROUCT OR PIP WHERE APPLICABLE �w w+iadci SEAL114C BUSHING SPECIFICATIONS THE HANDHOLES TO BE USED SHALL BE 30'x49'.24' TIER-22 WITH A LOCKING COVER. UO SHALL HAVE A 3M FULL RANGE MARKER WITH TELEPHONE FREQUENCY MOLDED INTO THE UO WITH THE WORD 'LOCATOR' MOLDED IN TOP. HANDHOLES ARE WITHOUT BOTTOMS. 1. EXCAVATE A PIT APPROXIMATELY S' LONG BY 4' WIDE AND TO A MINIMUM DEPTH OF 4". 2. HANDHOLES ARE TO BE SET ON A 6' BED OF GRAVEL 3. FILL IN GAPS AT KNOCKOUTS AROUND CABLE WITH WATER PLUG COMPOUND OR EQUIVALENT. 4. SELECT BACKFILL MUST BE PLACED AND TAMPED IN 6'UFTS. THIS IS A STRUCTURAL DESIGN REOUIREMENT TO DEVELOP THE REOUIPED SOIL SUPPORT AGAINST THE SIDES OF THE HANDHOLE. 5. COMPLETE BACKFILL OPERATION USING MATERIAL WHICH SHALL NOT CONTAIN AM ROCK WITH DIMENSIONS GREATER THAN 15' OR ANY LOGS. STUMPS OR OTHER DEBRIS. TYPICAL DRAWING COGENT I. Kim Gray CELL 20W21-97211 OSP Engineer. WA a ID Emal: kigray@cogeMr o—n 2. Randy AsOn CELL 209-6400415 Technician/Splicer— E-9: os6n@wgen1ca.mm CITY OF SPOKE VALLEY, WA 1. Erica Ansden CELL 509.720.5012 2. CIP Engineering Manager Emit eamsden spokaneva9ey—go BNSF RAILROAD 1. WIIlam)Bil) Ross CELL: 617-9.i7L019 BNSF RR Inspector Contract EmaA: w99amk—&k-11c.com PROJECT ID M M Updated List PROJECT CONTACT LIST PROJECT MANAGER 1. Scott Marshall, PE (CO, ID, MT, TX. WA) Direct 509.343.8523 Celt 509.8798624 Emit scoB.r.marshaliChtin—com COGENT CONTRACTOR- ZEROdB 1. Jason Dean CELL 509-607.8186 OSP Construction Foreman Email: jdean&emdbcumm.com I FIBER OPTIC ROUTE SPOKANE. WA- PLAINS. Mf. COGENT CABLE RELOCATION SPOKANE VALLEY, WASHNGTON SCOPE OF WORK Cogent Reroute for BNSF - Spokane Valley, WA. N. Pines Rd. Cogent Project I D# N W-000030 1.0 DESCRIPTION Objective: The existing in-service Cogent fiber optic cable will be relocated to accommodate the construction of new BNSF railroad bridge and the rerouting of Pines Rd to go underneath the bridge in Spokane Valley, WA. The scope includes the installation of a new conduit/fiber to reroute fiber in conflict with new roadway and grade change. A new buried Cogent handhole (splice vault) will be placed next to the existing 4" conduit with working fiber optic inside on the East side of N. Pines Rd., approx. 50' South at the West end of new BNSF Bridge/N. Pines Rd. underpass. 1- 4" HDPE conduit will be placed in trench from new Cogent vault transitioning to the new BNSF-provided conduit at a vault (pull box) at the west end of the bridge/underpass. 1-4" steel conduit will be attached by BNSF to the bridge on the West end across 198' to the East side. The and terminate in a vault (pull box) at the East end of the BNSF Bridge/underpass, placed for Cogent to occupy. BNSF to stub out of vault with 4" conduit for Cogent to trench to. Cogent will set a second handhole next to existing 4" conduit approx. 200' East of first handhole and 50' South of new East end of BNSF Bridge/underpass. New 4" HDPE conduit will be placed in a trench approx. 50' from new Cogent handhole and transitioning to conduit placed by BNSF for Cogent at the East side of the BNSF Bridge. Fiber will be pulled through the newly installed conduit, route across the bridge from each of Cogent's new handholes.The existing fiber optic cable will be cut and retracted into both handholes and spliced. The segment of the existing plant between the current and new handholes will be abandoned (100' or less). Once abandoned, the existing conduit may be removed as required by the roadway contractors finish underpass (NB and SB lanes of N. Pines Rd). All work shall be executed per Exhibit A. 1.1 The contractor shall supply all services, supervision, labor, equipment, tools, testing devices, materials, supplies, warehousing, temporary facilities, and utilities, necessary to perform the work, unless otherwise specified herein in writing. The contractor shall do each and every thing necessary to perform the work in strict accordance with all specifications, drawings, codes, standards, Build America, Buy America (BABA) requirements, and attachments referenced or listed herein, all of which are expressly incorporated into this Scope of Work and Exhibit A. 1.2 The work to be performed by the contractor shall be in accordance with the contract documents, approved permits, and Cogent Specifications for Construction. 2.0 PROJECT LOCATION 2.1 This project is located within the BNSF property approximately 266' South of E. Trent Ave and N. Pines Rd intersection. Originating at approx. STA 0+111 in the East side of N. Pines Rd. and traversing to the new Cogent handhole at approx. STA 0+350; encompassing the area of the new BNSF Bridge and Pines Rd. relocation as stated in Exhibit A. 3.0 SCOPE OF WORK 3.1 WORKSPACE AND ACCESS 3.1.1 Workspace and site access shall be furnished by Cogent Communications as defined on the drawing and in the Construction Line List. Any additional temporary workspace required by the Contractor shall be submitted to Cogent Communications for approval and acquisition. 3.1.2 All activities shall be confined to within the workspace and access as provided and approved by Cogent Communications. 3.1.3 The site shall be prepared by the Contractor in accordance with section 3.3 3.2 PERMITS AND APPROVALS 3.2.1 All work will be performed within the guidelines of any permit or approval letter and within the stated hours of operation. The contractor will acquire all necessary permits or approval letters from all jurisdiction entities where the work is performed. Including any and all Traffic Control Plans for roadways and the railroad. The contractor will give all required notices prior to the start of construction during each phase of the project. Cost for Railroad Flagging will be paid for by Cogent. BNSF is to send directly to Cogent Engineer to approve, who will then send to Cogent's Financial Office. 3.3 SITE PREPARATION 3.3.1 The contractor will set up all warning signs, safety barriers, and cones that are needed. 3.3.2 Make any necessary site modifications needed to perform work. 3.4 PROTECTION OF UNDERGROUND FACILITIES 3.4.1 The Contractor shall, prior to commencing excavation, contact the appropriate utility locating service specific to each site, positively locate and stake all existing underground facilities, and modify construction practices and down -hole assemblies to prevent damage to underground or above -ground facilities. The Contractor shall be responsible for all losses and repairs occasioned by damage to underground facilities resulting from excavation and construction if the damage is due to deviations of allowable tolerances from the proposed profile provided by the Company. 3.5 CONSTRUCTION 3.5.1 Construction drawings have been provided with detailed notes and call -outs for every segment of this project. These drawings will be used to establish and confirm the alignment of Cogent's new fiber facilities. Any questionable areas, or changes, should be referred to the Cogent Engineer immediately for review and approval. 3.5.2 Perform grubbing as needed for all construction running lines. 3.5.3 Mule tape will be placed and all footages between vaults will be verified and recorded immediately. 3.5.4 Marker balls (provided by Cogent) will be placed in every vault if the lids do not have integrated EMS markers. 3.5.5 warning tape (provided by Cogent) will be placed within every excavation during back -fill. 3.5.6 Existing posts for Cogent Route Marker signs will be removed/replaced/adjusted, and new posts (provided by Cogent), will be placed as needed prior to the completion of this project by Cogent Contractor. 3.5.7 Performing dust control on access roads as needed for construction vehicle traffic. 3.5.8 Contractor to supply all equipment necessary to perform construction. 3.5.9 Prevent damage to roadways on entry and exit sides and provide sweeping/cleaning equipment if necessary. 3.5.10 Provide matting as needed for areas along access roads that may require mats for heavy equipment. 3.5.11 Excavation of the new alignment per engineered arrangement, with shoring per OSHA and BNSF standards. 3.5.12 Any erosion control that needs to be placed before excavation will be provided by the contractor (i.e. silt fencing, straw waddles, drain socks, etc.). 3.5.13 The contractor shall limit the clearing of the approved workspace to the area necessary for work safety. 3.6 SAFETY 3.6.1 The contractor shall use EXTREME CAUTION during all phases of this project. The work is to be performed 3.6.2 The Contractor shall at all times provide for the safety of all construction personnel and the general public within proximity to operational fiber optical cables, and possible other utilities. All excavations near Cogent's facilities must be done in the presence of the Cogent Engineer or a Cogent - designated Inspector during construction operations by: 3.6.2.1 Restricting access to the immediate work area to only the personnel engaged in the actual operation of the equipment. 3.6.2.2 Prohibiting major Fiber Optic work in and around the work site and excavation site not directly associated with the work taking place. 3.6.2.3 Installing construction warning signs. 3.6.3 The contractor shall comply with all local, State, Federal, BNSF, and Cogent Communication's safety requirements including; 3.6.3.1 Training, Certification, and Licensing Requirements. 3.6.3.2 Incident reporting. 3.6.3.3 Harassment Prohibition. 3.7 SCHEDULES 3.7.1 Upon the execution of the Service Order by both parties, the Contractor shall meet with Cogent Communication's representative to discuss detailed field schedule requirements, after which the Contractor shall develop and submit the detailed field schedule to Cogent Communications for approval. Cogent Communications reserves the right to revise the field schedule to coincide with other work. 3.8 BACKFILL AND CLEANUP 3.8.1 At the end of each day be sure that all excavations are back -filled or covered. if for any reason, any excavation needs to be left open overnight, the contractor will place; either steel plates, plywood sheets, and/or safety fence (snow fence) as directed by the Cogent representative, with approval from the involved City, and State entities. 3.8.2 All materials brought to the job site will be removed from the job site, and any dirt/debris from this project will need to be removed. Daily cleanup will be the responsibility of the contractor to ensure no issues arise with, and no complaints are registered by, jurisdictional agencies. 3.8.3 Final backfill, any required compaction, and all cleanup will be completed to the satisfaction of all involved parties at the end of this project. 3.8.4 Burning will not be allowed on this project. 4.0 COGENT CONTACTS Kim Gray OSP Engineer — 206-231-9721 kigray@Cogentco.com Randy Astin Technician/Splicer — 208-640-0415 rastin@Cogentco.com 3 Cost Estimate - Proiect # NW-000030 WA. Spokane Valley — Pine Rd BNSF Bridge Proi ed Estimated Engineering & Construction Costs to Project Completion Sprint Contract & Internal Labor CAD/DRAFT Engineer/Field/Inspection Splicing Time & Travel BNSF Flagging/Inspector Permit 40 hrs. @$ 86.00 56 hrs. @$120.00 60 hrs. @$100.00 $3,440.00 $6,720.00 $6,000.00 $16,000.00 $ 200.00 Sub Total $32,360.00 Sprint Contract Vendor - Labor, Materials & Install Estimated Accepted Bid Cost from Sprint Approved GMA Contractor for all Underground Construction. This includes, but is not limited to; permitting, excavation and directional boring, shoring as needed, placing new conduit, vault(s), and 36 fiber cable, backfilling & compaction, hot cut systems over to new cable, and final cleanup. Sub Total Materials — Sprint and/or Contract Vendor Provided Conduit, Vault(s), Cable and Splice Materials Sub Total Project Sub Total General & Administrative Overhead (27.63%) $44,505.47 $44,505.47 $ 6200.22 6200.22 $83,065.69 $22,427.74 PROJECT TOTAL COST $105,493.43 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. 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 infonmation. 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 (1) through seven (7) 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 teen 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. 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. 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 parry unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. If, after having entered into a contract with a third party, Utility learns the third parry 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: 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 conunercially available off -the -shelf items. 18. Prohibition on Providing Funds to the Enemy: a. Utility must: 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. 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 Clean Air Act (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. Contract No. 25-120 Exhibit D — Certification Documents Exhibit D-1 Certification of Utility Exhibit D-2 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit D-3 Certification of Current Cost or Pricing Data Agreement for Professional Services (with professional liability coverage) Page I of 4 Contract No. 25-120 Exhibit D-1 Certification of Utility I hereby certify that I the duly authorized representative of the firm of Cogent Fiber LLC (fka Sprint Communications Company L.P.) whose address is 2450 N Street, NW, 4th Floor, Washington, DC 20037 and that neither the above firm nor I have: 1. Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Utility) to solicit or secure this Agreement; 2. Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this Agreement; or 3. Paid, or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me or the above Utility) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this Agreement; except as hereby expressly stated (if any). I acknowledge that this certificate is to be furnished to the City of Spokane Valley and may be furnished to the Federal Railroad Administration and/or USDOT in connection with this Agreement involving participation of FRA funds, and is subject to applicable State and Federal laws, both criminal and civil. Cogent Fiber LLC (fka Sprint Communications Company L.P.) Utility (Firm Name) Dave sohaeffer Dave Schaeffer (Aug 27, 202510:30:55 EDT) 08/27/2025 David Schaeffer, President & CEO Signature (Authorized Official of Utility) Date Agreement for Professional Services (with professional liability coverage) Page 2 of 4 Contract No. 25-120 Exhibit D-2 Certification Regarding Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this certification, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. Cogent Fiber LLC (flea Sprint Communications Company L.P.) Utility (Firm Name) Dave Schaeffer 08/27/2025 Dave SchaeH, ..r 27,20251020.55 EDT. David Schaeffer, President & CEO Signature (Authorized Official of Utility) Date Agreement for Professional Services (with professional liability coverage) Page 3 of 4 Contract No. 25-120 Exhibit D-3 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the LOCAL AGENCY in support of the matters covered in this Agreement, are accurate, complete, and current as of the date of this Agreement. This certification includes the cost or pricing data supporting any advance Agreements and forward pricing rate Agreements between the offeror and the Government that are part of the proposal. The Utility shall provide any and all documentation as needed pursuant to an audit of this requirement for itself and its subconsultants. I also certify that this certification shall be included in all subconsultant agreements related to this project. Cogent Fiber LLC (fka Sprint Communications Company L.P.) Utility (Firm Name) Dave soh ieffor 08/27/2025 Dave Schaeffer (Aug 27, 202510:30:55 EDT) David Schaeffer, President & CEO Signature (Authorized Official of Utility) Date Agreement for Professional Services (with professional liability coverage) Page 4 of 4 Page 1 of 2 A C .^ �® l(V(J'/� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2025 ) oa/z7/2oz5 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 Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT WTW Certificate Center NAME: AHONN0. E 1-877-945-7378 A/C No: 1-868-467-2378 E-MAIL certificates@wtwco.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Nashville, TN 372305191 USA INSURERA: Atlantic Specialty Insurance Company 27154 INSURED Cogent Communications Holdings, Inc. INSURER B : 2450 N Street, NW INSURER C: INSURER D: 4th Floor INSURER E Washington, DC 20037 INSURER F : COVERAGES CERTIFICATE NUMBER: W40121959 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLSUBRTYPE INSO WVD POLICY NUMBER MM/DDPOLICY EFF POLICY EXP (MM/DD1YYYYJ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR PRE' ERENTED S( RE PREMISES Ea occurrence)$ 1,000,000 MED EXP (Any one person) $ 15,000 A PERSONAL& ADV INJURY $ 1,000,000 Y Y 711-01-81-89-0002 05/01/2025 05/01/2026 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PRO FX LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 SIR $ 0 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X _ BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y y 711-01-81-89-0002 05/01/2025 05/01/2026 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Comp/Coll Deductible $ 2,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE Y Y 711-01-81-89-0002 05/01/2025 05/01/2026 DED X I RETENTION 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No (Mandatory In NH) N/A Y 406-04-92-62-0002 05/01/2025 05/01/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Blanket Property & BI Y Y 711-01-81-89-0002 05/01/2025 05/01/2026 Limit $672,326,933 Property at Other Location Limit $2,000,000 Deductible $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Spokane Valley, WA SEE ATTACHED TION 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 City of Spokane Valley, WA ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 28311327 BATCH: 4101132 AGENCY CUSTOMER ID: LOC #: ACOR" AnnITIONAI Pi=uAP G S('_wi=nlll F AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 ADDITIONAL REMARKS NAMED INSURED Cogent Communications Holdings, Inc. 2450 N Street, NW 4th Floor Washington, DC 20037 NAIC CODE See Page 1 1 EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance SPECIAL FORM COVERAGE APPLIES COVERED PERILS: All Risk of direct physical loss or damage VALUATION: Replacement Cost Property - Loss Limit of Insurance $100,000,000 Paae 2 of 2 Certificate Holder is included as an Additional Insured as respects to General Liability, Auto Liability, Umbrella/Excess and Business Personal Property as required by lease or contractual agreement. General Liability, Auto Liability, Umbrella/Excess and Business Personal Property policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability, Auto Liability, Umbrella/Excess Policy, Business Personal Property policies as required by lease or contractual agreement and Workers Compensation as permitted by law. ADDITIONAL INSUREDS: City of Spokane Valley, WA ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:28311327 BATCH:4101132 CERT: W40121959