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HomeMy WebLinkAboutPW18-351 - Amendment - #3 - RailPros Field Services, Inc. - S 228th St UPRR Grade Separation - 06/17/2021ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: Amendment PW18-351 06/17/21 DATE: June 15, 2021 TO: Kent City Council SUBJECT: RailPros Field Services, Inc. Amendment No. 3 for South 228th Street Union Pacific Railroad Grade Separation - Authorize MOTION: I move to authorize the Mayor to sign Amendment No. 3 to the Goods & Services Agreement with RailPros Field Services, Inc. in an amount not to exceed $68,000, for the purpose of railroad flagging, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Completion of the South 228th Street Union Pacific Railroad Grade Separation project requires railroad flagging to ensure railroad traffic is not impeded by construction. RailPros Field Services, Inc. is the only company authorized by the Union Pacific Railroad to conduct flagging operations on the Union Pacific tracks. They will provide the railroad flagging during completion of finish work on the bridge and related infrastructure. Some additional flagging services are needed to complete the project. BUDGET IMPACT: Included as part of the project budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1.RailPros - 228th UPRR Grade Sep Amd 3 (PDF) 06/08/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/15/2021 7:00 PM AMENDMENT - 1 OF 2 AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: RailPros Field Services, Inc. CONTRACT NAME & PROJECT NUMBER: S. 228th St. UPRR Grade Separation ORIGINAL AGREEMENT DATE: September 7, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide additional railroad flagging services for the project. For a description, see the Vendor's quote and billing rates which is attached as Exhibit A and B and incorporated by this reference. 2.The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $190,000 Net Change by Previous Amendments including applicable WSST $284,500 Current Contract Amount including all previous amendments $474,500 Current Amendment Sum $68,000 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $542,500 AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 12/31/20 Revised Time for Completion under prior Amendments (insert date) 8/31/21 Add’l Days Required (±) for this Amendment 122 calendar days Revised Time for Completion (insert date) 12/31/21 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department RailPros - 228th UPRR Grade Sep Amd 3/Smith Heather Morris Business Operations Supervisor 6/16/2021 06/17/2021 1320 Greenway Dr., Suite 490 Irving, TX 75038 P: (877) 315 - 0513 www.railpros.com May 25, 2021 Bryan Bond City of Kent 253-856-5652 bbond@kentwa.gov Subject: Quote for Contractor in Charge Services Dear Mr. Bond, Thank you for contacting RailPros to provide a qualified Contractor in Charge. RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance-of-Way, and On-track safety. All of our Contractors in Charge are dedicated to safety on the jobsite and have an acute understanding of railroad rules. RailPros charges a daily rate which includes an 8-hour on-site workday, mobilization, and Per Diem costs. Our services are billed for the Contractor in Charge’s (CIC’s) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the CIC’s 8 hours will be charged at an hourly overtime rate. The rates for our services are as follows: Standard Work Day: Standard 8-hour day $1,150.00 Overtime rate per hour after 8 hours $145.00 Nights, Weekends, and Holidays: Standard 8-hour day $1,400.00 Overtime rate per hour after 8 hours $175.00 In the event of cancellation, if RailPros Management is given less than 24 hours’ notice, it is considered a billable day. Cancellations must be made in writing to UP.Info@RailPros.com. This quote is based on RailPros understanding of prevailing wage requirements in King County, WA. Invoices are submitted upon completion of the job or at month’s end. On-going jobs are billed on a monthly basis. Payments of invoices are due upon receipt. Invoices are subject to a 1.5% fee for every 30 days the payment is delinquent. RailPros accepts payment for services via Visa, MasterCard, Discover and American Express without additional fees. We encourage you to use this free and convenient service with no processing fees. Please refer to the second page of this document for credit card payments. Please contact RailPros at 877-315-0513 X116 or UP.Info@railpros.com for more information. This quote is valid for 30 days and is subject to the attached Services Agreement (SA). You may indicate your acceptance of this quote and the SA by signing and returning both documents via email. If you have any questions regarding this quote or would like further information, please feel free to contact me. Thank you, RAILPROS CANDACE MOONEY Field Services Associate 877.315.0513 x116 AGREED TO AND ACCEPTED BY: Client Company Representative Printed Name Title Date RailPros offers a full suite of right of way services including permitting, utility inspections, railroad engineering services and customizable training. To learn more, visit www.railpros.com EXHIBIT A Working Days Standard fee per day Total Original Contract: 200 $950.00 $190,000 Amendment #1: 110 $950.00 $104,500 Amendment #2: 167 $950.00 $158,650 Amendment #2 Overtime $21,350 Amendment #3: 57.913 $1,150.00 $66,600 Amendment #3 Overtime $1,400 Total after Amendment $542,500 EXHIBIT B Holder Identifier : 7777777707070700077761616045571110776617006304557307443137762417210073641577147321120777051513076411207036110667331546071722324771336650745550614037664607405156423364571076727242035772000777777707000707007 7777777707070700073525677115456000732151046036413107033327352173100070333372421720100703332635206311007023227253172000070333363421620000703332635217300007133336252172100077756163351765540777777707000707007Certificate No :570085934652CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/02/2021 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). 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. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 19489Allied World Assurance Company (US) IncINSURER A: 20508Valley Forge Insurance CoINSURER B: 20478National Fire Ins. Co. of HartfordINSURER C: 35289The Continental Insurance CompanyINSURER D: 20494Transportation Insurance Co.INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 Allied World Surplus Lines Insurance Co 24319 CONTACT NAME: RailPros Holdings, LLC 1320 Greenway Dr, Suite 490 Irving TX 75038 USA COVERAGES CERTIFICATE NUMBER:570085934652 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.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $15,000 $1,000,000 $2,000,000 $2,000,000 C 02/01/2021 02/01/20227012207945 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X BODILY INJURY (Per accident) $1,000,000B02/01/2021 02/01/2022 Comp Ded:$1,000 COMBINED SINGLE LIMIT (Ea accident) 7012207931 Coll Ded: $1,000X EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 02/01/2021 SIR applies per policy terms & conditions UMBRELLA LIABD 02/01/20227012207900 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTED02/01/2021 02/01/2022 AOS 7012207914E 02/01/2021 02/01/2022 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN CA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 7012207928 Each Claim Limit0310577302/01/2021 02/01/2022 Proff. Liab.- Claims-Made $10,000,000Aggregate Limit Pollution Coverage Included Archit&Eng ProfF SIR applies per policy terms & conditions $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Kent, Washington is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability policies. A Waiver of Subrogation is provided in favor of Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability and Workers Compensation policies. General Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Kent, Washington 220 Fourth Avenue South Kent WA 98032 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: 570085934652 570085934652 Aon Risk Services Northeast, Inc. 570000085525 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. Westchester Fire Insurance CompanyINSURER INSURER INSURER INSURER G : INSURER(S) AFFORDING COVERAGE Page _ of _ 10030 NAIC # RailPros Holdings, LLC TYPE OF INSURANCE POLICY NUMBER LIMITSADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 7 12207914 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 48 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows.If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3.Additional Insured –Extended Coverage 4.Boats 5.Bodily Injury –Expanded Definition 6.Broad Knowledge of Occurrence/Notice of Occurrence 7.Broad Named Insured 8.Contractual Liability –Railroads 9.Estates,Legal Representatives and Spouses 10.Expected Or Intended Injury –Exception for Reasonable Force 11.General Aggregate Limits of Insurance –Per Location 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability –Damage To Premises 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury –Discrimination or Humiliation 21.Personal And Advertising Injury -Contractual Liability 22.Property Damage –Elevators 23.Retired Partners,Members,Directors And Employees 24.Supplementary Payments 25.Unintentional Failure To Disclose Hazards 26.Waiver of Subrogation –Blanket 27.Wrap-Up Extension:OCIP,CCIP or Consolidated (Wrap-Up)Insurance Programs 7012207945CNA74858XX(1-15)Policy No: 9Page1of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453527 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through I.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part;and (2)was executed prior to: (a)the bodily injury or property damage;or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through I.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.such person or organization's financial control of a Named Insured;or 2.premises such person or organization owns,maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury,property damage or personal and advertising injury as co-owner of such premises. C.Engineers,Architects or Surveyors Engaged By You An architect,engineer or surveyor engaged by the Named Insured,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions,or the acts or omissions of those acting on the Named Insured's behalf: a.in connection with the Named Insured's premises;or b.in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of,or for the Named Insured,including but not limited to: 7012207945CNA74858XX(1-15)Policy No: 9Page2of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1.the preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or 2.supervisory,inspection,architectural or engineering activities. D.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured's maintenance,operation or use of such equipment,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F.Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver's liability for bodily injury,property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. H.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 7012207945CNA74858XX(1-15)Policy No: 9Page3of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453528 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I.Trade Show Event Lessor 1.With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury caused by: a.the Named Insured's acts or omissions;or b.the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance on which the additional insured is a named insured.Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.ADDITIONAL INSURED –EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part,WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a.An individual,then his or her spouse is an Insured; b.A partnership or joint venture,then its partners,members and their spouses are Insureds; c.A limited liability company,then its members and managers are Insureds;or d.An organization other than a partnership,joint venture or limited liability company,then its executive officers, directors and shareholders are Insureds; 7012207945CNA74858XX(1-15)Policy No: 9Page4of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions,and only with respect to their respective roles within their organizations. Please see the ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4.BOATS Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft,Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5.BODILY INJURY –EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 6.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner,executive officer,manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence,offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part.However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 7.BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4.below,any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part;or b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured,provided that there is no other similar liability insurance,whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have 7012207945CNA74858XX(1-15)Policy No: 9Page5of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453529 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a)any partnership,limited liability company or joint venture;or (b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A.owning interests representing more than 50%of the voting,appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above,this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control,or that first occurs after management control ceases;nor b.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 8.CONTRACTUAL LIABILITY –RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality)under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: 7012207945CNA74858XX(1-15)Policy No: 9Page6of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage; (2)Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 9.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates,executors,heirs,legal representatives,administrators,trustees,beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy;provided,however,coverage is afforded to such estates,executors,heirs,legal representatives,administrators,trustees,beneficiaries and spouses only for claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks damages from marital community property,jointly held property or property transferred from such natural person Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative,or spouse outside the scope of such person's capacity or status as such,provided,however,that the spouse of a natural person Named Insured,and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION A.A separate Location General Aggregate Limit,equal to the amount of the General Aggregate Limit,is the most the Insurer will pay for the sum of: 1.All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Location General Aggregate Limit of any other location. B.All: 1.Damages under Coverage B,regardless of the number of locations involved; 7012207945CNA74858XX(1-15)Policy No: 9Page7of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453530 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single location,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C.For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision, "location"means: 1.a premises the Named Insured owns or rents;or 2.a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement.If operations at such a location have been discontinued and then restarted,or if the authorized parties deviate from plans,blueprints,designs, specifications or timetables,the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance,premises involving the same or connecting lots,or premises whose connection is interrupted only by a street,roadway,waterway or right-of-way of a railroad shall be considered a single location. D.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard,regardless of the number of locations involved,will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured,will be treated in the same manner as though the action were in personam against the Named Insured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and 7012207945CNA74858XX(1-15)Policy No: 9Page8of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement B.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not be limited to claims based on an individual's race,creed,color,age,gender,national origin,religion,disability,marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act,error or omission by the Named Insured's employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages,medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; 7012207945CNA74858XX(1-15)Policy No: 9Page9of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453531 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; iii.amend the definition of Insured to: a.add the following: the Named Insured's employees are Insureds with respect to: (1)bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1)in its entirety and replace it with the following: Other Insurance 7012207945CNA74858XX(1-15)Policy No: 9Page10of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement b.Excess Insurance (1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES A.Past Joint Ventures,Partnerships,Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer,partner,or member of a limited liability company and such joint venture,partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date,and the personal and advertising injury arising out of such offense,first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date;and c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. If the joint venture,partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.above.But this provision will not serve to exclude bodily injury,property damage or personal and advertising injury that would otherwise be covered under the Architects,Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS.Please see that provision for the definition of consolidated (wrap-up)insurance program. B.Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations,but only if such joint venture meets all of the following criteria: a.Each and every one of the Named Insured's co-venturers are architectural,engineering or surveying firms only;and b.There is no other valid and collectible insurance purchased specifically to insure the joint venture. However,the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture.The Named Insured is not insured for liability arising out of the acts or omissions of other co- venturers,nor of their partners,members or employees. C.WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects,Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any),no person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 7012207945CNA74858XX(1-15)Policy No: 9Page11of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453532 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 15.LEGAL LIABILITY –DAMAGE TO PREMISES /ALIENATED PREMISES /PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j.Damage to Property Property damage to: (1)Property the Named Insured owns,rents,or occupies,including any costs or expenses incurred by you, or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Premises the Named Insured sells,gives away or abandons,if the property damage arises out of any part of those premises; (3)Property loaned to the Named Insured; (4)Personal property in the care,custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations,if the property damage arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because your work was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i.tools,or equipment the Named Insured borrows from others,nor ii.other personal property of others in the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to: a.property at a job site awaiting or during such property's installation,fabrication,or erection; b.property that is mobile equipment leased by an Insured; 7012207945CNA74858XX(1-15)Policy No: 9Page12of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement c.property that is an auto,aircraft or watercraft; d.property in transit;or e.any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others.See LIMITS OF INSURANCE as amended below. B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment,and to other personal property of others in the Named Insured's care,custody or control,while being used in the Named Insured's operations away from any Named Insured's premises.The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement.If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a.$500,000;or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured's care,custody or control; 16.LIQUOR LIABILITY Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 7012207945CNA74858XX(1-15)Policy No: 9Page13of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453533 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 17.MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or (2)the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES,the Insuring Agreement of Coverage C –Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18.NON-OWNED AIRCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained,paid crew to the Named Insured;and 3.the aircraft is not being used to carry persons or property for a charge. 19.NON-OWNED WATERCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete subparagraph (2)of the exclusion entitled Aircraft,Auto or Watercraft,and replace it with the following. This exclusion does not apply to: (2)a watercraft that is not owned by any Named Insured,provided the watercraft is: (a)less than 75 feet long;and (b)not being used to carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: 7012207945CNA74858XX(1-15)Policy No: 9Page14of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)the Named Insured;or (b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. 21.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY provision,the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B: 1.Paragraph 2.d.is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met,attorney's fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred 7012207945CNA74858XX(1-15)Policy No: 9Page15of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453534 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22.PROPERTY DAMAGE –ELEVATORS A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3),(4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.RETIRED PARTNERS,MEMBERS,DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners,members,directors or employees,but only for bodily injury,property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision.All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 25.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 7012207945CNA74858XX(1-15)Policy No: 9Page16of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1.is in effect or becomes effective during the term of this Coverage Part;and 2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. 27.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project,or during such operations of anyone acting on the Named Insured's behalf;nor 2.Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B.Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program,but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit developments;and 2.the common areas and structures appurtenant to the structures in paragraph 1.(including pools,hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units,residential structure does not include military housing, college/university housing or dormitories,long term care facilities,hotels or motels.Residential structure also does not include hospitals or prisons. 7012207945CNA74858XX(1-15)Policy No: 9Page17of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020004570122079453535 CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 7012207945CNA74858XX(1-15)Policy No: 9Page18of18EndorsementNo: Nat'l Fire Ins Co of Hartford 02/01/2021EffectiveDate: RAILPROS PARENT HOLDINGS,LLCInsuredName: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Business Auto Policy Policy BUSINESS AUTO COVERAGE FORM 6 4 " 3 " 2 A. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V – DEFINITIONS. SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 5 Owned "Autos" Subject To No-fault Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 7 Specifically Described "Autos" Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). Owned "Autos" Subject To A Compulsory Uninsured Motorists Law Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. Owned Autos" Other Than Private Passenger "Autos" Only Owned Private Passenger Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. Owned "Autos" Only Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 1 of 16 Policy Page: 58 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy 9 Non-owned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. 1. 2. a. b. C. 1. 2. 3. a. b. c. d. e. Owned Autos You Acquire After The Policy Begins If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and You tell us within 30 days after you acquire it that you want us to cover it for that coverage. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. "Mobile equipment" while being carried or towed by a covered "auto". Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: Breakdown; Repair; Servicing; "Loss"; or Destruction. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 2 of 16 Policy Page: 59 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy A. 1. a. b. (1) (2) (3) (4) (5) c. 2. a. (1) (2) (3) (4) SECTION II – COVERED AUTOS LIABILITY COVERAGE Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. Who Is An Insured The following are "insureds": You for any covered "auto". Anyone else while using with your permission a covered "auto" you own, hire or borrow except: The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. Coverage Extensions Supplementary Payments We will pay for the "insured": All expenses we incur. Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 3 of 16 Policy Page: 60 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy (5) (6) b. (1) (2) B. 1. 2. a. b. 3. 4. a. (1) (2) b. (1) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. Provide the minimum amounts and types of other coverages, such as no-fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. Exclusions This insurance does not apply to any of the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or That the "insured" would have in the absence of the contract or agreement. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. Employee Indemnification And Employer's Liability "Bodily injury" to: An "employee" of the "insured" arising out of and in the course of: Employment by the "insured"; or Performing the duties related to the conduct of the "insured's" business; or The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: Whether the "insured" may be liable as an employer or in any other capacity; and Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 4 of 16 Policy Page: 61 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy (2) 5. a. b. 6. 7. a. b. 8. 9. a. b. 10. a. b. (1) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. Fellow Employee "Bodily injury" to: Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". Operations "Bodily injury" or "property damage" arising out of the operation of: Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: Work or operations performed by you or on your behalf; and Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: When all of the work called for in your contract has been completed; Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 5 of 16 Policy Page: 62 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy (2) (3) 11. a. (1) (2) (3) b. c. (1) (2) (a) (b) 12. a. b. c. When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": That are, or that are contained in any property that is: Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; Otherwise in the course of transit by or on behalf of the "insured"; or Being stored, disposed of, treated or processed in or upon the covered "auto"; Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. War "Bodily injury" or "property damage" arising directly or indirectly out of: War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 6 of 16 Policy Page: 63 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy 13. C. A. 1. a. (1) (2) b. (1) (2) (3) (4) (5) (6) c. (1) (2) 2. 3. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III – PHYSICAL DAMAGE COVERAGE Coverage We will pay for "loss" to a covered "auto" or its equipment under: Comprehensive Coverage From any cause except: The covered "auto's" collision with another object; or The covered "auto's" overturn. Specified Causes Of Loss Coverage Caused by: Fire, lightning or explosion; Theft; Windstorm, hail or earthquake; Flood; Mischief or vandalism; or The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". Collision Coverage Caused by: The covered "auto's" collision with another object; or The covered "auto's" overturn. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 7 of 16 Policy Page: 64 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy a. b. c. 4. a. b. (1) (2) (3) B. 1. a. (1) (2) b. (1) (2) (3) 2. Glass breakage; "Loss" caused by hitting a bird or animal; and "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. Coverage Extensions Transportation Expenses We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. Exclusions We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". Nuclear Hazard The explosion of any weapon employing atomic fission or fusion; or Nuclear reaction or radiation, or radioactive contamination, however caused. War Or Military Action War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 8 of 16 Policy Page: 65 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy 3. a. b. 4. a. b. c. d. 5. a. b. c. d. 6. C. 1. a. (1) (2) b. (1) (2) (3) 2. 3. We will not pay for "loss" due and confined to: Wear and tear, freezing, mechanical or electrical breakdown. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". We will not pay for "loss" to any of the following: Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Any device designed or used to detect speed-measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed-measuring equipment. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: Permanently installed in or upon the covered "auto"; Removable from a housing unit which is permanently installed in or upon the covered "auto"; An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. We will not pay for "loss" to a covered "auto" due to "diminution in value". Limits Of Insurance The most we will pay for: "Loss" to any one covered "auto" is the lesser of: The actual cash value of the damaged or stolen property as of the time of the "loss"; or The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 9 of 16 Policy Page: 66 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy D. A. 1. a. b. 2. a. (1) (2) (3) b. (1) (2) (3) (4) (5) c. (1) (2) (3) (4) Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: Loss Conditions Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: Pay its chosen appraiser; and Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: How, when and where the "accident" or "loss" occurred; The "insured's" name and address; and To the extent possible, the names and addresses of any injured persons and witnesses. Additionally, you and any other involved "insured" must: Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". Cooperate with us in the investigation or settlement of the claim or defense against the "suit". Authorize us to obtain medical records or other pertinent information. Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. If there is "loss" to a covered "auto" or its equipment, you must also do the following: Promptly notify the police if the covered "auto" or any of its equipment is stolen. Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. Agree to examinations under oath at our request and give us a signed statement of your answers. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 10 of 16 Policy Page: 67 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy 3. a. b. 4. a. b. c. 5. B. 1. 2. a. b. c. d. 3. 4. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: There has been full compliance with all the terms of this Coverage Form; and Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. Loss Payment – Physical Damage Coverages At our option, we may: Pay for, repair or replace damaged or stolen property; Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. General Conditions Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: This Coverage Form; The covered "auto"; Your interest in the covered "auto"; or A claim under this Coverage Form. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 11 of 16 Policy Page: 68 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy 5. a. (1) (2) b. c. d. 6. a. b. 7. a. b. (1) (2) (3) (4) (5) Other Insurance For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: Excess while it is connected to a motor vehicle you do not own; or Primary while it is connected to a covered "auto" you own. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Premium Audit The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: During the policy period shown in the Declarations; and Within the coverage territory. The coverage territory is: The United States of America; The territories and possessions of the United States of America; Puerto Rico; Canada; and Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 12 of 16 Policy Page: 69 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy 8. A. B. 1. 2. C. D. 1. 2. a. (1) (2) (3) b. c. (1) Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V – DEFINITIONS "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". "Auto" means: A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. "Covered pollution cost or expense" means any cost or expense arising out of: Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": That are, or that are contained in any property that is: Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; Otherwise in the course of transit by or on behalf of the "insured"; or Being stored, disposed of, treated or processed in or upon the covered "auto"; Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 13 of 16 Policy Page: 70 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy (2) (a) (b) E. F. G. G. 1. 2. 3. 4. 5. 6. a. b. c. I. J. The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. "Insured contract" means: A lease of premises; A sidetrack agreement; Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Loss" means direct and accidental loss or damage. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 14 of 16 Policy Page: 71 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy K. 1. 2. 3. 4. a. b. 5. a. b. 6. a. (1) (2) (3) b. c. L. M. N. 1. 2. a. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; Vehicles maintained for use solely on or next to premises you own or rent; Vehicles that travel on crawler treads; Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: Power cranes, shovels, loaders, diggers or drills; or Road construction or resurfacing equipment such as graders, scrapers or rollers; Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well-servicing equipment; or Cherry pickers and similar devices used to raise or lower workers; or Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": Equipment designed primarily for: Snow removal; Road maintenance, but not construction or resurfacing; or Street cleaning; Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well-servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Property damage" means damage to or loss of use of tangible property. "Suit" means a civil proceeding in which: Damages because of "bodily injury" or "property damage"; or A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 15 of 16 Policy Page: 72 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy b. O. P. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. "Trailer" includes semitrailer. Policy No: Underwriting Company: BUA 7012207931 Policy ; Page: 16 of 16 Policy Page: 73 of 529Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Effective Date: 02/01/2021 Form No: CA 00 01 10 13 © Copyright Insurance Services Office, Inc., 2012 Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSEMENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILTY COVERAGE A.Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1.a.Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1)Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2)Any such organization that is an insured under any other liability policy providing auto coverage. 3.Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2.In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C.Fellow Employee SECTION II, Paragraph B.5 does not apply. BUA 7012207931 Endorsement No: 70; Page: 1 of 5 Policy Page: 315 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A.Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B.Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C.Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a.$60 per day, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. D.Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a.$1,000 maximum, in lieu of $600. E.Personal Property The following is added to SECTION III, Paragraph A.4. c.We will pay up to $500 for loss to Personal Property which is: (1)Owned by an insured; and (2)In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F.Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d.We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1.We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a)The number of days reasonably required to repair or replace the covered auto; or, (b)15 days. 2.Our payment is limited to the lesser of the following amounts: (a)Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. BUA 7012207931 Endorsement No: 70; Page: 2 of 5 Policy Page: 316 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement a. b. c. d. e. 3.This coverage does not apply while there are spare or reserve autos available to you for your operations. 4.If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G.Hired “Autos” The following is added to SECTION III. Paragraph A.: 5.Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: (1)Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2)Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H.Airbag Coverage The following is added to SECTION III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I.Electronic Equipment SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d.A $100 per occurrence deductible applies to the coverage provided by this provision. J.Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and BUA 7012207931 Endorsement No: 70; Page: 3 of 5 Policy Page: 317 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement b. b.Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will pay for loss to a covered auto in any one accident is the lesser of: (1)$5,000; or (2)20% of the auto's actual cash value (ACV) III.Drive Other Car Coverage – Executive Officers The following is added to SECTIONS II and III: 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a.An auto owned by that executive officer or a member of that person's household; or An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1)Equal to the greatest of those coverages afforded any covered auto; and (2)Excess over any other collectible insurance. 2.For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A.Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (4)Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B.Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C.Policy Period, Coverage Territory SECTION IV, Paragraphs 7.(5).(a). is revised to provide: BUA 7012207931 Endorsement No: 70; Page: 4 of 5 Policy Page: 318 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement a.45 days of coverage in lieu of 30 days V.DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these BUA 7012207931 Endorsement No: 70; Page: 5 of 5 Policy Page: 319 of 529 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Policy Effective Date: 02/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.