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HomeMy WebLinkAbout2023-066 PO 20240031- Pathway Enterprises Inc. Purchase Order; ,MS CITY RECORDER Fiscal Year 2024 Page: 1 of: 1 B City of Ashland ; . FI-�-�le * `o ENTT=-.=* ATTN: Accounts Payable Purchase L 20 E. Main Order# 20.240031 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us E PATHWAY ENTERPRISES INC H C/O Facilities Maintenance Div N 1600 SKY PARK DR STE 101 I 90 North Mountain Ave D MEDFORD, OR 97504 P Ashland, OR 97520 8-5358 OR Email: ACCOUNTING@PATHWAY-INC.ORG Phone: /552- 304 � Fax: 541/552-2304 . I . Ern-d eralEiSi=�]rim (541)488-1536 I David Arnold i o 07/21/2023 509 I FOB ASHLAND OR City Accounts Payable_ Prep and Paint Water Damage 1 Wall surface prepared, primed and painted due to water damage. 1.0 $3,986.95 $3,986.95 Location: Ashland Street, Shop, Hallways, RR, and Storage Area Goods and Services Agreement($35,000 or Tess) Completion: June 30, 2024 Project Account: *************** GL SUMMARY*************** 088400-602400 $3,986.95 II • . I B ate: . --- Au orized Signature a42aural - — 3 986.95 'FORM ##3 I CITY OF A request for a Purchase ir-1, s , � p ASHLAND od � REQUISITION Date of request; 7/13/2023 Required date for delivery: i Vendor Name Pathway Enterprises, Inc. Address,City,State,Zip 1600 Skypark Drive#101, Medford, OR 97504 Contact Name&Telephone Number address address . Devon Simpson.541-944-6997.www.pathwav-inc.org SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid ,❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached O Written .,uote or...osal attached _If cs ncil a..roval re.uire.-attach co. of CC ® Small P ocure, ent ❑ Request for Proposal Coo •rative Procureme ow" I, .g- Not Not exceedi .,000 Date approved by Council: [dl State of Ore n / ❑ Direct Aw.�-. _(Attach copy of council communication) I Contract k 17 ��7 El Verbal ,'i en quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washingto Date approved by Cobncil: Contract# (Attach copy of council communication) ❑ 'Other government agency contract Interm;diate Procurement ❑ Sole Source Agency G00D$&SERVICES 0 Applicable Form(#5,6,7 or 8) I Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids and solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Cobncil: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: I (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: I (Date) Description of SERVICES ! Total Cost Wall surfaces prepared, primed and painted due to water damage. $3;986.95 , Item # Quantity Unit Description of MATERIALS Unit Price Total Cost $0 $0.00 $0 $0.00 $0 $0.00 0 Per attached quotelproposal TOTAL COST` Project Number: -_ _ _ Account Number: 088400-602400 $3986:95 *Expenditure must be charged to the appropriate account numbers for theinancials to accurately reflect the actual expenditures. IT Director in collaboration with department to appro - all hardware and software purchases: - IT Director Date Support-Yes/No By signing this requisitio rm,Ice ,'fy t - he Cit.' •..is contracting requirements have been satisfied. Employee: �� Department Head: i. t� • 2� to or greater than$5,000) Department Manager/Supervisor: City Manager: (Greater than$3 ) Funds appropriated for current fiscal year YE / NO M. / (,, Finance D rector-(Equal greater than$5,000) Da e Comments: Form#3-Requisition 1 i I 1 I e 1 GOODS AND SERVICES IAGREEMENT"($35,000 OR LESS) - { \ !PROVIDER: 1 Pathway.Enterprises, Inc. I . CITY OF 'PROVIDER'S i . ASH LAND ICONTACT: Richard Simpson . 20 East Main Street ( Ashland,Oregon 97520 I ADDRESS: 1600 Skypark Drive Suite 101 Telephoner 541/488-5587 Medford,OR 97504 Fax: 541/488-6006 `PHONE: 541-601-4550 ( This Goods and Services"Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Pathway Enterprises,Inc.,a domestic business corporation("hereinafter"Provider"),for preparing,priming,,and painting of walls that were damage by'water"as well as . I , _ 1: PROVIDER'S OBLIGATIONS 1.1 Provide as needed'.cleaning, painting, debris hauling and(related services.for FY24,as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by{this reference,incorporated herein. Provider expressly acknowledges that time isof the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or°extension.of such deadline may be authorized except in the same manner as herein provided for'authoritYlto exceed the maximum compensation; The services.defined ' and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." ' 1.2 Provider shall obtain and maintain during the term of this Agreement and until.City's final acceptance of all Work received hereunder,a policylor policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for.Bodily Injury and Property Damage. 1.2.1 The:insurance required'in,this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, • contractual liability,.and products/completed operations coverage; and •' Aut• omobile Liability. 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a"claims made" form, and shall: .• Name_ as additional insured "the City of( Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this • Agreement; 1 • Apply to each named and additional namedlinsured as though a separate policy had been ,. issued to each,provided that the policy limits shall'not be increased thereby; • " Apply as primary coveragelfor each additional named insured except to the extent that two 'or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; - • Provider shall immediately notify the City'of any change in insurance coverage Page 1 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inca I / • • •- Provider shall`'supply-an endorsement naming the City, its officers, employees.and agents as•additional insureds by the Effective•Date of this Agreement; and' • .Be evidenced by-a certificate or certificates of suchinsurance approvedby the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which'requires subject employers to provide workers' compensation coverage for'all of its subject workers: 1.4" Provider agrees°that noerson shall,,ow the:grounds_of race,.color, religion, creed,.sex, marital,status, pg familial status or domestic partnership, national origin, age, mental'or physical disability, sexual orientation, gender identity or sourceof income, suffer.. discrimination' in the performance of this Agreement:whenemployed by Provider: Provider agrees to comply with all applicable requirements of .federal and state civil rights.and!rehabilitation statutesrulesand regulations. Further, Provider agrees not to`discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business;: a business thata.service-disabled veteran'owns or an einerging.small,business enterprise certified under ORS 200.055,inawarding;subcontracts:as required by ORS-279A.110: • 1:5.. In all solicitations either by-competitive:bidding or negotiation made by Provider for work to ber performed under a subcontract, including,'procurements of materials or:leases?of equipment, each potential subcontractor-or supplier shall be notified'by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights'Act of 1964 andother federalnondiscrimination laws. 1.6 'Living Wage=_Requirements: If the amount,of this.Agreement.is $25,335.05 or more, Provider is required to comply with Chapter.3:12 of the Ashland Municipal Code by paying a living wage;as defined in that chapter, to all employees performing.,Work under this Agreement and to any Subcontractor who performs 50% or more of the Work'.under this.Agreement: Provider is also required to post the.notice attached hereto'as "Exhibit A"predominantly in areas°where=it will be seen by.all,einployees. 1.7 Assignment: Provider shall not assign Agreement or subcontract any,portion of the Work to be provided hereunder:.without the prior written consent of the-,City: Any attempted assignment or subcontract without written consent ofJthe City shall be.void:'. Provider shall be fully responsible'for the acts oromissions of any assigns dr subcontractors'and of all,persons,employed by them,-and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee , or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall request individual'written bids for each job and pay the Provider the amount bid as,full compensation.when'the job has been satisfactorily completed:'. 2.2 In no event shall Provider's'total"of alPcompensation,and reimbursement'under this Agreement exceed the sum of $5,000 (this is maximum, not to exceed amount of ENTIRE. Agreement) without express, written approval'from the City official whose signature appears below, or such official's successor in•office: Provider expressly acknowledges that no other persona has authority to order or :authorize additional Work which wouldcause this maximum sum to be exceeded and that;any authorization from the'responsible official`must be in writing: Provider further acknowledges that any Work delivered or expenses incurred without authorization as' provided herein is done..at Provider's , own risk and as a volunteer without expectation of compensation or reimbursement. Page 2'of 6: Goods and'Services Agreement between the.City ofAshland and Pathway Enterprises,Inc.. i 1 I • 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar.types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. b ' 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in,the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, andexpenses of any nature resulting from, arising out iof, or relating to the activities of Provider or its officers, employees,contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preservingto the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud, and warranties. 3.12 The City may inspect and.test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a.reasonable time, the(City may reject the Goods and cancel this •Page 3 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc. • Agreement in whole or in part. This paragraph does.not affect or limit the City's rights, including its rights under the.Uniform Commercial.Code,ORS Chapter 72(UCC). 3.13 Provider represents and warrants that} the Goods are new, current, and fully warranted by the manufacturer.. Delivered Goods will comply with SUPPORTING DOCUMENTS .andbe free from. defects in labor,material and manufacture. Provider shall transfer all warranties to the.City. 4. SUPPORTING DOCUMENTS _ 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and.are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS." 4.2 This Agreement and the SUPPORTING DOCUMENTS -shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event ,of-conflict between provisions, of two of the SUPPORTING DOCUMENTS,.the severalsupporting documents shall be given precedence in.the order listed in Article 4.1. 5. REMEDIES 5.1 In the event-Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available toit under this.Agreement and at law or in equity',including,'but'not limited to: 5.1.1 Termination of this Agreement; 5.1.2'Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been,delivered:inadequately or defectively; 5.1.3 Initiation of`an action or proceeding for damages, specific performance; or declaratory or , injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively,successively or inany order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses,related'to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed theamount due,Provider shall pay immediately any excess to City upon written demand>provided. , ' 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2024, unless sooner. terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate;this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty (30) days' prior written notice, terminate.this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause,by not less than fourteen(14)days'prior written notice if the cause is not cured within that fourteen(14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law'or equity. 7. NOTICE - . Whenever notice is,required or permitted'to be given under this Agreement, such notice shall be given in writing to the-other party by personal delivery,by sending via a reputable.commercial overnight courier, or Page 4 of 6: Goods and Services Agreement between the City of Ashland.and Pathway Enterprises;Inc. by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Facilities Maintenance Department Attn: David Arnold 20 E.Main Street Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541)488-5350 • ' If to Provider: Pathway Enterprises,Inc. . 1600 Skypark Drive#101 _ . . Medford, OR 97504 Attn: Richard Simpson 541-601-4550 8. WAIVER OF BREACH One or more waivers or failures to object by'eitier party'to the other's breach of any provision,term,condition, or covenant contained in this Agreement shallnot be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS • 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement,including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to. Provider; and (iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: • (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;: (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charier.provisions, or:ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax;laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute'a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of Page 5 of 6: Goods and Services Agreement between,the City of Ashland and Pathway Enterprises,Inc. • this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Pathway Enterprises. ;,PROVIDER): • By. �� By: o fug u� ;cht't StnnpSon Printed Name Printed Name P%N..%` . �.) S 0%Mr CALL_ OA I-41(f3 � Title Title • Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 6: Goods and Services Agreement between the City of Ashland and Pathway Enterprises,Inc. Quote forservices athWattf). CCB License # 2184171 Enterprises, Inc. Property Service License # 40205 (O / Date 7/11/2023 Price Breakdown Quote # C197 Supplies / Coatings 234.80 Equipment & Tools _ Built Date 2000 Sub Contractors Labor Cost' 2,934.99 This offer is valid until Delivery &I Transportation 10/9/2023 Over Head 591.48 Reserve Margin 225.68 Pathway Enterprises, Inc. Final Pricing $3,986.95 1600 Skypark Drive #101, Discount %, $0.00 Medford, OR 97504 $3,986.95 Final Pricing www.pathway-inc.org info@pathway-inc.org Prepared By Prepared For Name and location of project Devon Simpson Dave A, nold Ashland Street Shop - Coatings Supervisor Facility Manitenancel Hallways, RR, and Storage Pathway Enterprises, City of Ashland Public Area Option 3 Inc. Works 90 N Mountain Ave, 541-944-6997 541-55F-2292 Fax 5411 Ashland, OR 97520 -552-2304 david.arnold@ashland. Proposed Services Pathway proposes to provide services as outlined on the Project Features sheet. All work performed includes coating application ti completely c ver; target surfaces, shielding of non target surfaces, and application with sufficient thickness to meet manufacturers requirements. Surface preparations may include patching of incidental damage less then 1/4 inch in diameter, sanding and scraping of failed coatings, and other preparations required by the coating being applied. Failed caulkingi and coatings will be removed and repaired prior to coating application. Work is to be completed based on a work schedule to be coordinated with the customer. Invasive tasks which will adversely effect the customer will be done on weekends or after normal business hours as applicable and as negotiated. Workers will adhere to all manufacturer and OSHA guidelines. 1 1 Description of Subject Area All components (Walls, Ceilings, Trim, and Doors) of the Men's restroom, Women's Restroom, Hallway, and Storage Area will be primed and painted. All doors will be sanded for proper adhesion. The office side of the doors in the hallway will not be painted. The plywood screwed into the hallway wall will be primed and painted. The customer will provide all coating products toll be used on this project. We cannot warranty the performance of the coatings which are provided. We reasonably guarantee the quality of the preparation and ,application of these coatings. In order to adequately prepare and apply these coatings the customer will provide product information from the manufacturer to Pathway Enterprises, Inc. This is provided as a quote only. the final agreement will include additional pages of the Richard Simpson agreement required by the State of Oregon. Contracts Director pathwayInc. Project Features Sheet for: nterprises. Ashland Street Shop - Hallways, RR, Lead Based Paint Testing. Required N/A and Storage Area Option 3 If lead based paint is discovered this contract will need 90 N Mountain Ave, Ashland, OR 97520 to be modified to reflect the additional abatement requirement Exterior Project Features: * Includes trim, moulding, fascia, gutters, and other trim on exterior Pressure Washing Exterior Walls only Caulking Exterior Shell Trim* Only Siding Installation / Repair Wall and Trim* Components Flashing Installation / Repair Siding Types Style Metal Lap Door Refinishing Coating Cement Sheet Brick Continuous Painting of outer garage structure Wood Paneled Concrete Painting of storage structure Vinyl Fencing Stain or Paint Base color Surface Preparation Trim color Concrete Pressure Washing Accent Color Sealing Surfaces Interior Project Features: Color # Coats Clean and Neutralize Surfaces Ceiling X Casper White 2 Wall Repair / Installation Walls X Casper White 2 Trim Repair / Installation Cabinets Texture Trim X TBD 2 Primer X Doors X TBD 2 Floor Coating Features: Floor Stripping Coating Application Color # Coats Epoxy Application Cement Re-Surfacing Brick Wood Ashland Street Shop - Hallways, RR, and Storage Area Option 3 90 N Mountain Ave, Ashland, OR 97520 Quote for services • E athwa CCB License # 218417! Enterprises, Inc. Pro erty i Service License # 40205 Date 7/11/2023 Price Br lakdown 1 Supplies /1 Coatings 170.57 Quote # C195 Equipment & Tools Built Date 2000 Sub Contra)tors Labor Cost, 2,132.08 This offer is valid until Delivery &, Transportation 10/9/2023 Over Head I 429.67 Reserve Margin 163.94 Pathway Enterprises, Inc. Final Pricing $2,896.25 1600 Skypark Drive #101, Discount $0.00 Medford, OR 97504 Final Pricing $2,896.25 www.pathway-inc.org info@pathway-inc.orl I I Prepared By Prepared For Name and location of project Devon Simpson Dave Arnold Ashland Street Shop - Coatings Supervisor Facility Manitenancel Hallways, RR, and Storage Pathway Enterprises, City of Ashland Public Area Option 1 Inc. Works 1 90 N Mountain Ave, 541-944-6997 • 541-552-2292 Fax 541 Ashland, OR 97520 - -552-2304 david.arnold@ashland. Proposed Services Pathway proposes to provide services as outlined on thle Project Features sheet. All work performed includes coating application to completely cover, target surfaces, shielding of non target surfaces, and application with sufficient thickness to meet manufacturers requirements. Surface preparations may include patching of incidental damage less then 1/4 inch in diameter, sanding and scraping of failed coatings, and other preparations required by the coating being applied. Failed caulking and coatings will be removed and repaired prior to coating application. Work is to be completed based on a work schedule to be coordinated with the customer. Invasive tasks which will adversely effect the customer will be done on weekends or after normal business hours as applicable and as negotiated. Workers will adhere to all manufacturer and OSHA guidelines. Description of Subject Area Men's Restroom ceiling and walls will be painted only. Outer wall of restroom and adjacent hallway wall will be painted only. Storage area in the bay will have the walls and ceiling painted only. The customer will provide all coating products to be used on this project. We cannot warranty the performance of the coatings which are provided. We reasonably guarantee the quality of the preparation and application of these coatings. In order to adequately prepare and apply these coatings the customer will provide product information from the manufacturer to Pathway Enterprises, Inc. This is provided as a quote only. the final agreement will include additional pages of the i Richard Simpson agreement required by the State of Oregon. Contracts Director lPathway Project Features Sheet for: Enterprises.Inc. Ashland Street Shop - Hallways, RR, Lead Based Paint Testing Required N/A and Storage Area Option 1 If lead based paint is discovered this contract will need 90 N Mountain Ave, Ashland, OR 97520 to be modified to reflect the additional abatement requirement Exterior Project Features: * Includes trim, moulding, fascia, gutters, and other trim on exterior Pressure Washing Exterior Walls only Caulking Exterior Shell Trim* Only Siding Installation / Repair Wall and Trim* Components Flashing Installation / Repair Siding Types Style Metal Lap Door Refinishing Coating Cement Sheet Brick Continuous Painting of outer garage structure Wood Paneled Concrete Painting of storage structure Vinyl Fencing Stain or Paint Base color Surface Preparation Trim color Concrete Pressure Washing Accent Color Sealing Surfaces Interior Project Features: Color # Coats Clean and Neutralize Surfaces Ceiling X Casper White 2 Wall Repair / Installation Walls X Casper White 2 Trim Repair / Installation Cabinets Texture Trim Primer X Doors Floor Coating Features: Floor Stripping Coating Application Color # Coats Epoxy Application Cement Re-Surfacing Brick Wood Ashland Street Shop - Hallways, RR, and Storage Area Option 1 90 N Mountain Ave, Ashland, OR 97520 athway Quote for services CCB License # 2184171, Enterprises, Inc. Property Service License # 40205 Date 7/11/2023 Price Breakdown Supplies /I Coatings 209.16 Quote # C196 Equipment & Topls Built Date 2000 Sub Contractors Labor Cost 2, 614.56 This offer is valid until Delivery &i Transportation 10/9/2023 Over Head 526.91 Reserve Margin 201.04 Pathway Enterprises, Inc. Final Pricing $3,551.66 1600 Skypark Drive #101, Discount % $0.00 Medford, OR 97504 $3,551.66 Final Pricing www.pathway-inc.org info@pathway-inc.org Prepared By Prepared For Name and location of project Devon Simpson Dave Arnold Ashland Street Shop - Coatings Supervisor Facility Manitenancel Hallways, RR, and Storage Pathway Enterprises, City of Ashland Publlic Area Option 2 Inc. Works '90 N Mountain Ave, 541-944-6997 541-552-2292 Fax 5411 Ashland, OR 97520 -552-2304 david.arnold@ashland. Proposed Services Pathway proposes to provide services as outlined on the Project Features sheet. All work performed includes coating application to completely cover target surfaces, shielding of non target surfaces, and application with sufficient thickness to meet manufacturers requirements. Surface preparations may include patching of incidental damage less then 1/4 inch in diameter, sanding and scraping of failed coatings, and other preparations required by the coating being applied. Failed caulking and coatings will be removed and repaired prior to coating application. Work is to be completed based on a work schedule i to be coordinated with the customer. Invasive tasks which will adversely effect the customer will be done on weekends or after normal business hours as applicable and as negotiated. Workers will adhere to all manufacturer aind OSHA guidelines. Description of Subject Area Men's Restroom ceiling and walls will be painted only.' All walls in the hallway will be painted only. All walls and ceiling will be painted in the storage are only. The plywood screwed into the hallway wall will be primed and painted. The customer will provide all coating products to be used on this project. We cannot warranty the performance of the coaitings which are provided. We reasonably guarantee the quality of the preparation and application of these coatings. In order to adequately prepare and apply these coatings the customer will provide product information from the manufacturer to Pathway Enterprises, Inc. This is provided as a quote only. the final agreement will include additional pages of the Richard Simpson agreement required by the State of Oregon. Contracts Director pathwayInc. Project Features Sheet for: nterprises. Ashland Street Shop - Hallways, RR, Lead Based Paint Testing Required N/A and Storage Area Option 2 If lead based paint is discovered this contract will need 90 N Mountain Ave, Ashland, OR 97520 to be modified to reflect the additional abatement requirement Exterior Project Features: * Includes trim, moulding, fascia, gutters, and other trim on exterior Pressure Washing Exterior Walls only Caulking Exterior Shell Trim* Only Siding Installation / Repair Wall and Trim* Components Flashing Installation / Repair Siding Types Style _ Metal Lap Door Refinishing Coating Cement Sheet Brick Continuous Painting of outer garage structure Wood Paneled Concrete Painting of storage structure Vinyl Fencing Stain or Paint Base color Surface Preparation Trim color Concrete Pressure Washing . Accent Color Sealing Surfaces Interior Project Features: Color # Coats Clean and Neutralize Surfaces Ceiling X Casper White 2 Wall Repair / Installation Walls X Casper White 2 Trim Repair / Installation Cabinets Texture Trim Primer X Doors Floor Coating Features: Floor Stripping Coating Application Color # Coats Epoxy Application Cement Re-Surfacing Brick Wood Ashland Street Shop - Hallways, RR, and Storage Area Option 2 90 N Mountain Ave, Ashland, OR 97520 ' ® DATE(MMIDD/YYYY) .4�o CERTIFICATE OF LIABILITY INSURANCE 06/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO'RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kimberly Edwards NAME: Ashland Insurance Inc PHONE Ext): (541)857-0679 FAX No): (541)857-9883 (A/801 O'Hare Parkway,Ste 101 E-MAIL kedwards@ashlandinsurance.com ADDRESS: I INSURER(S)AFFORDING COVERAGE NAIC# Medford OR 97504 INSURERA: Philadelphia Indemnity Ins Co • INSURED INSURER B: SAIF Corporation - Pathway Enterprises Inc INSURER C: 1600 Skypark Drive,Suite#101 INSURER D: INSURERE: Medford OR 97504 INSURER F: COVERAGES CERTIFICATE NUMBER: 23 24 GL AU WC UM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE1INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY.BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED',HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDL SUER ' POLICY EFF , POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 �/ DAMAGE TO RENTED 100000 CLAIMS-MADE X OCCUR : ' PREMISES(Ea occurrence) _$ , X Abuse&Molestation Liability MED EXP(Any one person) $ 5,000 A X Professional Liability Y Y PHPK2574165 07/01/2023 07/01/2024PERSONALBADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 X POLICY nPRO- LOC PRODUCTS-COMP/OPAGG $ 3,000,000 JECT OTHER: Crime Empl Dishonesty $ 250,000 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ X ANY AUTO I BODILY INJURY(Per person) $ _ 1 A OWNED SCHEDULED Y Y PHPK2574165 07/01/2023 07/01/2024 BODILYINJURY(Peraccident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY _ (Per accident) _ PIP-Basic $ 15,000 X UMBRELLA LIAB X OCCUR 1 EACH OCCURRENCE $ 3,000,000 A EXCESSLIAB CLAIMS-MADE PHUB871639 07/01/2023 '07101!2024 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ • WORKERS COMPENSATION X PER UTE ETH AND EMPLOYERS'LIABILITY Y I N BANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 524679 04/01/2023 04 /01/2024 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 10 , 00000 (Mandatory in NH) i E.L.DISEASE-EA EMPLOYEE $ , If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Occurrence $1,000,000 Directors&Officers Liability A Employment Practices Liability I I PHSD1808810 106/30/2023 06/30/2024 Aggregate $1,000,000 Retention $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Ashland,Oregon,its officers,agents and employees are included as Additional Insured for General Liability and Auto Liability coverages with written contract including Waiver of Subrogation and Primary and Non-Contribtitory coverage.This form is subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland Oregon,its officers,agents and employees ACCORDANT E WITH THE POLICY PROVISIONS. 20 E Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 I 4. l I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments—Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments—Bail Bonds $5,000 5 Supplementary Payment—Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit 6 Additional Insured—Newly Acquired Time Period Amended 6 Additional Insured—Medical Directors and Administrators Included 7 Additional Insured—Managers and Supervisors (with Fellow Included 7 Employee Coverage) Additional Insured—Broadened Named Insured Included 7 Additional Insured—Funding Source Included 7 Additional Insured—Home Care Providers Included 7 Additional Insured—Managers, Landlords,or Lessors of Premises Included - 7 Additional Insured—Lessor of Leased Equipment Included 7 Additional Insured—Grantor of Permits Included 8 Additional Insured—Vendor Included 8 Additional Insured—Franchisor Included 9 Additional Insured—When Required by Contract • Included 9 Additional Insured—Owners, Lessees, or Contractors Included 9 Additional Insured—State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To'Us Clarification 10 Liberalization Included 11 Bodily Injury—includes Mental Anguish Included 11 Personal and Advertising Injury—includes Abuse of Process, Included 11 Discrimination I I A. Extended Property Damage I I SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. 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. B. Limited Rental Lease Agreement Contractual Liability i ' SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b.Contrabtual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim,we agree to indemnify the named insured for their liability assumed in a contractor agreement regarding the rental or lease of a premises on behalf of their client, up to$50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE ,Page 2of12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, 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, unless the damage to property is caused by your client, up to a$30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word"fire" is changed to"fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. b. SECTION III—LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises,while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: 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, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company • PI-GLD-HS (10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused,by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legallyioblig'ated to pay as damages because of a"violation(s)" of the Health Insurance Portability and Accountability Act(HIPAA). We have the right and the duty to defend the insured against any"suit,' investigation, or"civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any"suit" seeking damages, "investigation,"or"civil proceeding"to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional,Willful, or Deliberate Violations Any willful, intentional, or deliberate"violation(s)" by any insured. b. Criminal Acts Any"violation"which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and!Human Services. 3. SECTION V—DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services(HHS) arising out of"violations." b. "Investigation" means an examination of an actual ori alleged"violation(s)" by HHS. However, "investigation"does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the H I PAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) G. Medical Payments—Limit Increased to$20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III -LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I—COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e.Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to$5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an"employee"in a criminal proceeding occurring in the course of employment. The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of"employees,"claims or"suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company 1 PI-GLD-HS (10/11) K. Key and Lock Replacement—Janitorial Services Client Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the`clients" premises due to theft or other loss to keys entrusted to you by your"client,"up to a$10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any,other dishonest or criminal act that you or any of your partners, members, officers, "employeies", "managers", directors,trustees, authorized representatives or any one to whom you entrust the keys of a"client"for any purpose commit,whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: 1 , (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary,wages or,commissions; and (c) Who you have the right to direct and control while'performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent"employee"as defined in Paragraph (1) above,who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction andlcontrol and performing services for you. (3) "Employee"does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm,factor, commission merchant, consignee, independent contractor or.representative of the same general character; or (b) Any"manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager"means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II—WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators—Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees" are also insureds for"bodily injury"to a co- "employee"while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source—Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers—At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises—Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) I i organization is an insured only with respect to liability for"bodily injury,""property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional i h sured under this endorsement ends when their contract or agreement with you for such leased'equipment ends. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after they equipment lease expires. h. Grantors of Permits—Any state or political subdivision gtanting you a permit in connection with your premises subject to the following additional provision: j (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connelction with the premises you own, rent or control 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, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors—Only with respect to"bodily injury" or"pro`perty:damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of,'parts:under instructions from the manufacturer, and then repackaged in the o dginal container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection'with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office,..Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company • PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or(f); or (ii) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor—Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury,""property damage" or"personal and advertising injury" but only for liability arising out of the negligence of the named insured.The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors—Any person or organization, but only with respect to liability for"bodily injury," "property damage" or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (b) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions—Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations!performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury,""property damage" or"personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury"or"property damage" included within the"products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the"occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if yo are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or"suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if yoli area corporation. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to!the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 8.Transfer of Rights of Page 10 of 12 I Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company I ' PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) atany time. R. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment,former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. I � Page 12of12 I Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company I � PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/01/2023 Name of Person or Organization (Additional Insured): As per written contract SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s) shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage" or"personal and advertising injury"arising out of or relating to your negligence in the performance of"your work"for such person(s)or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. .1 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.