Distribution Pre-RFP Site Survey

On behalf of the California Broadband Cooperative (“CBC”) and Digital 395 project, Praxis Associates Inc.is pleased to announce to potential prime contractors a pre-RFP route survey to be held on 29– 31 May 2012.

This component of the Digital 395 project consistsof the placement of one to three buried inner-duct conduits, vaults, splice boxes and pull boxes providing the necessary infrastructure to install distribution fiber-optic cable in ten communities from Mammoth Lakes south to Boron.

To be eligible to attend this route survey, each prime contractor must provide a letter from a Surety stating what their total bonding capacity is above $5 million dollars. Only two individuals from each company are permitted to attend the route survey. In addition, each representative of a prime contractor will be required to execute the accompanying Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement and submit such executed agreements to Praxis Associates, Inc. at thepre-route survey conference.

The following details for the route survey are provided:

On 29 May 2012, those prime contractors meeting the above bonding requirements, and have received a notice from Praxis Associates Inc. acknowledging receipt of their bonding letter will be permitted to attend the pre-route survey conference. This conference will meet at 10:00 am, at the Alan Spoonhunter Memorial Gym, 1050 South Richards St., Big Pine, CA 93513.At this pre-RFP-route survey, each prime contractor will be given a set of route maps identifying the proposed routes. Attendees will then be free to travel the route at their own pace. All attendee shall obey all laws and shall not trespass on any private property. Praxis Associates Inc. employees will not accompany the prime contractors on theroute survey.

On 31 May 2012, at 10:00 am, Praxis Associates Inc. will host a debriefing conference at the Heritage Inn andSuites, 11050 N. Norma St., Ridgecrest, CA 93555. All questions shall be submitted in writing at this time. Praxis Associates Inc. will attempt to answer some of these questions at this time but will post all questions and answers to its web site, identified below.

Only those prime contractors who attend this route survey will be permitted to bid on this project.

All attendees are responsible for making their own transportation and hotel accommodations.

For additional information and to provide your bonding letter from your surety, please email Praxis As additional information becomes available; it will be posted at

Digital395.com.

DIGITAL 395 PROJECT ROUTE SURVEY

RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

I, ______(print name), (hereinafter referred to as “Participant”) am employed by ______(print name of employer). I request that I be allowed to participate in the Digital 395 Distribution Route Survey occurring on May 29th, May 30th and May 31st of 2012 (the “Route Survey”). In consideration for the opportunity to participate in the Route Survey, I agree to the following terms and conditions:

1. EXPENSES: I am responsible for arranging and paying for all my own transportation, lodging, and meals, and forproviding whatever equipment and/or materials I may need, during the Route Survey.

2. RELEASE AND WAIVER OF LIABILITY: I, on behalf of myself, my employer, personal representatives, heirs, executors, administrators, agents and assigns, HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE California Broadband Cooperative, Praxis Associates, Inc. or the directors, officers, employees or agents of either such entity (hereinafter referred to as “Releasees”) for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ fees) arising from any injury, illness, or death to me or damage to my or my employer’s property, as a result of my participationin the Route Survey, REGARDLESS OF WHETHER THE INJURY, ILLNESS, DAMAGE OR DEATH IS CAUSED BY NEGLIGENCE OF RELEASEES OR OTHERWISE.

3. ASSUMPTION OF RISK: I understand that there are potential dangers incidental to my participation in the Route Survey, some of which my expose me to the risk of personal injuries, illness, property damage, or even death. I understand that these potential risks include, but are not limited to: road hazards, automobile accidents, insect or animal bites, adverse weather conditions, criminal conduct, dangerous terrain conditions, and other risks that are unknown and unforeseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE ROUTE SURVEY.

4. INDEMNITY: I, on behalf of myself, my employer, my personal representatives, heirs, executors, administrators,agents and assigns, hereby agree to hold harmless, defend and indemnify the Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ fees) arising from any injury, illness, or death to me or damage to my or my employer’s property, as a result of my participation in the Route Survey, REGARDLESS OF WHETHER THE INJURY, ILLNESS,

DAMAGE OR DEATH IS CAUSED BY NEGLIGENCE OF RELEASEES OR OTHERWISE.

I certify that I am authorized to participate in the Route Survey on behalf of my employer and authorized to execute this Agreement on its behalf. I HAVE READ THIS AGREEMENT IN FULL AND FULLY UNDERSTAND ITS TERMSAND CONDITIONS. I AM AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY THE RELEASEES. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR COERCION.

______Date: ______

Signature of Participant