AG 24-050 - SALISH SEA MARINE, LLCRETURN TO: PK ADMIN EXT: 6901 ID #:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIv:
2.
3.
ORIGINATING STAFF PERSOM AUTUMN GRESSETT EXT: 6914 DATE REQ. BY: RUSH
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT.
0 GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
0
4. PROJECT NAME: TEMPORARY LOCKER ROOM TRAILER RENTAL
5. NAME OF CONTRACTOR: SALISH SEA MARINE, LLC
ADDRESS: 28324 Maple Valley -Black Diamond Rd. Maple Valley 98038 TELEPHONE:
E-MAIL: r r r #r m w m FAX:
SIGNATURE NAME: David Ray TITLE: Governor
6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # 604-023-497 . EXP. —/ /
7. TERM: COMMENCEMENT DATE: UPON SIGNATURE COMPLETION DATE: JUNE 30, 2025
8. TOTAL COMPENSATION: $ 427,850.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES Cl NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAMAGE: RETAINAGE AMOUNT: ❑ RETAWAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
o PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-354
9. DOCUMENT / CONTRACT REVIEW
A PARKS PROJECT MANAGER
❑ PUBLIC WORKS
❑ DEPUTY DIRECTOR
❑ DIRECTOR
a'l AW DEPT
0. COUNCIL APPROVAL (IF APPLICABLE)
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
AG 2/19/2024
JX 2120QD24
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE: 2/6/2024
1. CONTRACT SIGNATURE ROUTING
A SENT TO VENDOR/CONTRACTOR DATE SENT: 2/26/2024 DATE REC'D:3/112124
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
f/LAW DEPT I
GNATORY (MAYOR OR DIRECTOR
CITY CLERK
❑ ASSIGNED AG # -Orr7c�
❑ SIGNED COPY RETURNED DATE SENT:
11/2023
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
�sww. utyaffederafway. com
GOODS AND SERVICES AGREEMENT
FOR
PORTABLE RESTROOM/SHOWER RENTAL
This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Salish Sea Marine LLC dba Royal Restrooms of Washington, a Washington
limited liability company ("Contractor"). The City and Contractor (together "Parties") are located and do business at
the below addresses which shall be valid for any notice required under this Agreement:
SALISH SEA MARINE LLC dba ROYAL CITY OF FEDERAL WAY:
RESTROOMS OF WASHINGTON:
David Paul Ray
26828 Maple Valley Highway, Suite 282
Maple Valley, WA 98038
206-602-7777
The Parties agree as follows:
Autumn Gressett
33325 8th Ave. S.
Federal Way, WA 98003-6325
253-263-5778
Autumn.gressett@cityoffederalway.com
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall
be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than
June 30, 2025 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written
agreement of the City and the Contractor.
2. WORK.
2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work
more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Work"), performed to
the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his
or her designee.
2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary
to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants
it will provide services in a manner consistent with the accepted practices for other similar services within the Puget
Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are
fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications
and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work
performed which the City deems to have defects in workmanship and material discovered within one (1) year after
the City's final acceptance of the Work. This Agreement is subj ect to all warranty provisions established under the
Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original
replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the
City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the
City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by
GOODS AND SERVICES AGREEMENT - 1 - 4/2023
�FecJeral Way
doerai way. VVH ubub_
(253) 835-7000
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the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date ofthis
Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but
the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective
or non -complying performance, its substantiality or the ease of its discovery.
2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the
Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from
the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it
obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the
City and/or the City may deduct its costs from any remaining payments due to the Contractor.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the
other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City
may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches
confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a
maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by
this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor
shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form
specified by the City, including a description of what Work have been performed, the name of the personnel
performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final
bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has
been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or
modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets
the requirements of the Agreement.
4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement
are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will
correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from
the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other
sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to
complete this Agreement with other sources, from any and all amounts due or to become due the Contractor.
GOODS AND SERVICES AGREEMENT - 2 - 4/2023
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., Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
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4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under
this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts
incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this
provision applies.
4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver
of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the
time request for final payment is made.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards,
injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation
expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or in connection with this Agreement or the performance of this
Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence
of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected
officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the
same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any
of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for
the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation
on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation
acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have
mutually negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from
any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation
expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or
representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the
negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination ofthis Agreement
with respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection
GOODS AND SERVICES AGREEMENT - 3 - 4/2023
CITY OF CITY HALL
I..► Feder l Avenue South
Federal Way, WA 98003-6325
Federal Way
(253)835-7000
mvw cityoffederahvay com
with the performance of the services or work by the Contractor, their agents, representatives, employees or
subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such
expiration or termination as follows:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such
forms and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death,
property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no
less than $2,000,000 for each occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to
the laws of the State of Washington;
C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with
minimum combined single limits in the minimum amounts required to drive under Washington State law per
accident for bodily injury, including personal injury or death, and property damage.
6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not
be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary
insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
6.3. Additional_ Insured, Verification. The City shall be named as additional insured on all commercial
general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide
certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by
this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with
evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made,"
Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this
Agreement is actually terminated or upon project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination ofthis Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this
Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor
may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded
by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing
records in case of any public records disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs,
design specifications, records, files, computer disks, magnetic media or material which may be produced or modified
by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such
data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the
City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product
remaining in the possession of Contractor shall be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which
sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain
GOODS AND SERVICES AGREEMENT - 4 - 4/2023
CITY of CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
tamv otyoPfederahvay com
such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all
funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review
or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by
law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the
Contractor has the ability to control and direct the performance and details of its work, the City being interested only
in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick
leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which
may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other
insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or
incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the
Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City
and complete any required form if the Contractor retired under a State of Washington retirement system and agrees
to indemnify any losses the City may sustain through the Contractor's failure to do so.
10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its
employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize
all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and
municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety
and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards
(Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect
and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places
at or near the site for the protection of its employees and the public, safe passageways at all road crossings,
crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things
necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam
or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for
its materials and equipment and is solely responsible for the same.
10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible
for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work.
Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide
a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment
contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and
shall be subject to the City's general right of inspection to secure satisfactory completion.
11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional
services during the Term for other parties; however, such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest
in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family
relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection,
negotiation, drafting, signing, administration, or evaluating the Contractor's performance.
12. EQUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment
GOODS AND SERVICES AGREEMENT - 5 - 4/2023
CITY OF CITY HALL
Federal WayFeder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mim cityoffederalway com
made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor
or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives
against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed,
national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps,
unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement
shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and
shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans
With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other
applicable federal, state, or local law or regulation regarding non-discrimination.
13. GENERAL PROVISIONS.
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of
the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior
statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any
Exhibits to this Agreement conflict with any language in this Agreement, the terms ofthis Agreement shall prevail.
The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall
not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this
Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other
provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to
the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the
terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this
Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by
duly authorized representatives of the Parties.
13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the
other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall
continue in full force and effect and no further assignment shall be made without additional written consent. Subject
to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection
and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement
based on any provision set forth herein.
13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance
with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances,
resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made
effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or
performance of this Agreement, this Agreement may be rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description ofthe Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies
GOODS AND SERVICES AGREEMENT - 6 - 4/2023
CITY OF CITY HALL
'S Alk
Fe d ra WayFeder 8th Avenue South
Federal Way, WA 98003�325
(253) 835-7000
m4Avcj4affade3ra1vvay com
provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all
other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of
those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of
the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure
of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or
default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of
Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the
exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be
fled in any other appropriate court in King County, Washington. Each parry consents to the personal jurisdiction of
the state and federal courts in King County, Washington and waives any objection that such courts are an
inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all
its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this
paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents
and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be
executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all
Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute
one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature
and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date
upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual
execution" hereof.
[Signature page follows]
GOODS AND SERVICES AGREEMENT - 7 - 4/2023
CITY OF CITY HALL
Federal
ades I Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
mm ciryofiederalway.com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
J' e 1, Mayor
DATE: a
ATTEST:
Ste h ie urtney, C C, City Clerk
APPROVED AS TO FORM:
cC
an Call, Cit Attorney
GOODS AND SERVICES AGREEMENT - 8 - 4/2023
cliY of CITY HALL
Fades l Way Feder Avenue South
Federal
Way, WA 98003-6325
(253) 835-7000
u4wv crryoffederahsov com
SALISH SEA MARINE LLC dba ROYAL RESTROOMS OF WASHINGTON:
Printed Name: � 1�d ?Ct, ( '� a 4
Title:
DATE: 2 /2 �i ] Z
i
STATE OF WASHINGTON )
1` ) ss.
COUNTY OF
On this day personally appeared before me AMLI LAW } , to me known to be the
Lqi tL 1nn �hc nkjo� of Salish Sea Marine LLC dba Royal Re trooms of Washington that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he or she was
authorized to execute said instrument.
GIVEN under my hand and official seal this �' day of kCbMCk_ , 2024.
4 n
�����u►►►►�� Notary's signature , 1
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Sly, j / Notary's printed n e � U 1'�YL°
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NQs orofI-u`'� My commission expires
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GOODS AND SERVICES AGREEMENT - 9 - 4/2023
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wmv. rj"ffedorahvay can
EXHIBIT A
SERVICES
The Contractor shall do or provide the following over the term of this agreement:
A. Trailer Rental.
a. One Single ADA Shower Combo Trailer
b. Four 3-Unit Shower/Restroom Combo Trailers
c. One ADA + 2-stall shower/restroom trailer (shower in ADA only)
i. The Parties agree that Contractor will switch ADA + 2-stall shower/restroom trailer with
a Single ADA Shower Combo Trailer (Single ADA Unit) once a Single ADA Unit
becomes available. Contractor must provide written notice of availability of the Single
ADA Unit as soon as practicable once it becomes available and provide a minimum of 7
days' written notice to the City prior to switching the units.
B. Pump -Out Service. Based on expected usage, the trailers will be pumped out twice weekly to start. City
may provide written confirmation of reduced frequency based upon average actual usage of trailers.
Pumping will occur on weekday mornings, on a day mutually agreed upon in writing by the Parties at
least seven days prior to service needs.
C. DeliyerylMobilization and DemobilizationlPicicu�. The Contractor will deliver the trailers specified in
this Exhibit A to the City's prepared location. City's prepared location shall be level gravel. Includes
delivery/mobilization and demobilization/pick-up. Delivery/Mobilization and Demobilization/Pickup
will occur on dates mutually agreed upon in writing by the Parties at least seven days prior to requested
date.
D. Initial Stock. The Contractor shall ensure that the trailers are fully stocked with toilet paper, paper
towels, and hand soap upon delivery. City assumes responsibility for all janitorial, security, and
restocking of toilet paper, paper towels, and hand soap for the duration of the rental.
E. Utilities.
a. Propane: The Contractor shall ensure that each trailer is stocked with two full 30 lb. propane
tanks (for the purposes of supplying hot water) upon delivery. The City assumes responsibility
for refilling propane tanks as needed throughout the duration of the rental.
b. Electricity: The City shall ensure that each trailer has access to two 20A/120V dedicated circuits
within 80 feet of the trailers.
F. Maintenance. Contractor will train designated City staff on preventative, routine maintenance to
minimize operational issues with the trailers that may occur. The City will provide a point of contact
located at the site that can handle minor maintenance issues if they arise and will notify Contractor when
maintenance beyond that which City staff can accomplish is necessary.
G. The Parties agree to arrange quarterly walk-throughs over the term of this Agreement for the purposes of
assessing wear and tear, maintenance needs, and to ensure recommended maintenance is carried out. The
City is responsible for all damages to the units except for normal wear and tear as is reasonable to expect
over the term of this Agreement.
GOODS AND SERVICES AGREEMENT - 10 - 4/2023
CITY or CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
w►a^w atW federafway com
EXHIBIT B
COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed Four Hundred Twenty -Seven Thousand Eight Hundred Fifty and 00/100 Dollars ($427,850.00).
2. Method of Compensation:
a. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor
an amount calculated consistent with the following rate schedule for Contractor's Portable
Restroom/Shower Trailers:
2.1 Portable Showers Monthly Rental Price
2.1.1 Single ADA Shower Combo $2250/per unit, per month
2.1.2 3-Unit Shower/Restroom Combo $4000/per unit, per month
2.1.3 ADA + 2-stall shower/restroom (shower in ADA only) $2250/per unit, per month
2.2 Delivery/Mobilization
2.2.1 Single ADA Shower Combo $300/per unit
2.2.2 3-Unit Shower/Restroom Combo $1200/per unit
2.2.3 ADA + 2-stall shower/restroom (shower in ADA only) $300/per unit
2.3 Pickup/Demobilization
2.3.1 Single ADA Shower Combo $300/per unit
2.3.2 3-Unit Shower/Restroom Combo $1200/per unit
2.3.3 ADA + 2-stall shower/restroom (shower in ADA only) $300/per unit
2.4 Pump -Out Service
2.4.1 Weekday Pumping
$600/per occurrence
2.5 Contractor will provide the City with invoices and the City will remit payment pursuant to Section
4.2 of this Agreement.
GOODS AND SERVICES AGREEMENT - 11 - 4/2023
Clrr OF CITY HALL
Federal Way Feder Avenue South
Federal
Way, WA 98003-6325
(253) 835-7000
www MyoffedemAvay. com
EXHIBIT C
CERTIFICATE OF INSURANCE
GOODS AND SERVICES AGREEMENT - 12 - 4/2023
r �0 DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 03/0612024
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
Virgil McLagan Company, INC.
PO BOX 7950
Bonney Lake, WA 98391
Brandi Heinzmann
AGDREss: Brandi@mclaganins.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED Salish Sea Marine, LLC INSURER B : WESTERN NATIONAL ASSURANCE COMPANY 40312
26828 Maple Valley Highway INSURER C: WESTERN NATIONAL ASSURANCE COMPANY
Suite 282 '"SURER°=
Maple Valley, WA 98038 INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: 00000607-167640 REVISION NUMBER: 7
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
B
POLICY NUMBER
POLICY EFF
MM(DO
POLICY EXP
MMlDf]
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F_x1 OCCUR
Y
Y
CPP 1169978
08/03/2023
08/03/2024
EACH OCCURRENCE
$ 1 000 000
PREMISES Ea occu ence
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY ❑ JERC El LOC
OTHER.
GENERAL AGGREGATE
$ 2 00O 000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY X AUTOS
RED
AUTOS ONLY X NON-OWNED
ONLY
CPP 1169827
08/03/2023
08/03/2024
EaaoddeD SINGLE WMrr
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
-lie
P� e d SAGE
$
C
X
UMBRELLA LIAB
EXCESS LIAR
OCCUR
CLAIMS -MADE
UMB 1028562
08/03/2023
08/03/2024
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1,000,000
DED RETENTION $
$
`+
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
CPP 1169978
08/03/2023
08/03/2024
TH-
X PER TE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Certificate holder is included as additional insured by written contract. Policy includes separation of insureds endorsment and
a waiver of subrogation endorsment wng139 0715
CERTIFICATE HOLDER CANCELLATION
City of Federal Way
33325 8th Ave. S.
Federal Way, WA 98003-6325
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1988-?V15 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by BLH on 03/06/2024 at 04:20PM
WN GL 39 07 15
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en-
hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro-
vided by this summary, refer to following endorsement for changes in your policy.
SUMMARY OF COVERAGES
PAGE
Bodily Injury And Property Damage Liability
• Non Owned Watercraft Up To 50 Feet......................................................................................2
Property Damage Liability
• Elevators.............................................................................................._.................................3
• Fire, Lightning, Explosion Or Sprinkler Leakage Exception.......................................................3
• Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate,
$2,500 Deductible Per Occurrence.........................................................................................3
Supplementary Payments — Amended
• Bail Bonds Up To $5,000...........................................................................................................4
• Loss of Earnings Up To $500/Day.............................................
Who Is An Insured Amendments
■ Employee Bodily Injury To A Co-Employee...............................................................................4
• Newly Formed Or Acquired Organizations For Up To 180 Days .......... ................................... -4
• Blanket Additional Insured — Vendors — As Required By Contract............................................4
■ Blanket Additional Insured — Lessor Of Leased Equipment......................................................6
• Blanket Additional Insured — Managers Or Lessors Of Premises..............................................6
■ Blanket Additional Insured — State Or Governmental Agency Or Subdivision
Or Political Subdivision — Permits Or Authorizations..............................................................7
• Blanket Additional Insured — State Or Governmental Agency Or Subdivision
Or Political Subdivision — Permits Or Authorizations Relating To Premises ...........................8
Damage To Premises Rented To You —$300,000...............................................................................9
Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ... .......................... 9
Conditions
• Knowledge of Occurrence, Offense, Claim Or Suit Amended...................................................9
• Unintentional Failure To Disclose Hazards................................................................................9
• Waiver of Subrogation..............................................................................................................10
Insured Contract Amended ................................... ...................................................................... .......... 10
Personal And Advertising Injury Redefined
• Televised, Videotaped Or Electronic Publication.....................................................................10
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 1 of 10
WN GL 39 07 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement
will be amended as shown below.
SECTION I — COVERAGES AMENDMENTS
COVERAGE A — BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
A. Non Owned Aircraft Or Watercraft
Item 2. Exclusions, Paragraph g. is replaced by the
following:
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or entrust-
ment to others of any aircraft, "auto" or water-
craft owned or operated by or rented or loaned
to any insured. Use includes operation and
"loading or unloading".
This exclusion applies even if the claims against
any insured allege negligence or other wrong-
doing in the supervision, hiring, employment,
training or monitoring of others by that insured, if
the "occurrence" which caused the "bodily injury"
or "property damage" involved in the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is owned or
operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 50 feet long; and
(b) Not being used to carry persons or prop-
erty for a charge;
This Subparagraph (2) applies to any per-
son, who with your expressed or implied
consent, either uses or is responsible for the
use of the watercraft;
(3) Parking an "auto" on, or on the ways next to,
premises you own or rent, provided the
"auto" is not owned by or rented or loaned to
you or the insured;
(4) Liability assumed under any "insured con-
tract" for the ownership, maintenance or use
of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising
out of:
(a) The operation of machinery or equip-
ment that is 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; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f. (2)
or f. (3) of the definition of "mobile
equipment".
B. Damage To Property Coverage Extensions
Item 2. Exclusions, Paragraph j. is replaced by the
following:
j. Damage To Property
"Property damage" to:
(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, restora-
tion or maintenance of such property for any
reason, including prevention of injury to a
person or damage to another's property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 2 of 10
(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your 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, lightning, explosion or sprinkler leakage) to
premises, including the contents of such premises,
rented to you for a period of seven or fewer
consecutive days. A separate limit of insurance
applies to Damage To Premises Rented To You as
described in SECTION III — LIMITS OF
INSURANCE. However, the provisions of this
paragraph do not apply if coverage for Damage To
Premises Rented To You is excluded by en-
dorsement.
Paragraph (2) of this exclusion does not apply if the
premises are "your work" and were never occupied,
rented or held for rental by you.
Paragraphs (3) and (4) of this exclusion do not apply
to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this exclusion do
not apply to liability assumed under a sidetrack
agreement.
Paragraph (4) of this exclusion does not apply to
"property damage" to borrowed equipment while not
being used to perform operations at the jobsite.
Subject to Paragraph 2. of SECTION III — LIMITS
OF INSURANCE, the rules below fix the most we
will pay for "property damage" under this provision:
(1) $25,000 any one "occurrence", regardless of the
number of persons or organizations who sustain
damages because of that "occurrence";
(2) $50,000 annual aggregate; and
(3) We will pay only for damages in excess of
$2,500 as a result of any one "occurrence", re-
gardless of the number of persons or organiza-
tions who sustain damages because of that "oc-
currence". We may, or if required by law, pay all
or any part of any deductible amount, if applica-
ble, to effect settlement of any claim or "suit".
Upon notice of our payment of a deductible
amount, you shall promptly reimburse us for the
part of the deductible amount we paid.
Paragraph (6) of this exclusion does not apply to
"property damage" included in the "products -com-
pleted operations hazard".
The insurance provided for "property damage" from
the use of elevators and for "property damage" to
borrowed equipment is excess over any other valid
and collectible property insurance (including any de-
ductible portion thereof) available to the insured
whether primary, excess, contingent or on any other
basis.
C. Damage To Premises Rented To You
Item 2. Exclusions, the last paragraph is replaced
by the following:
Exclusions c. through n. do not apply to damage by
fire, lightning, explosion or sprinkler leakage 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 de-
scribed in Paragraph 6. of SECTION III — LIMITS OF
INSURANCE.
COVERAGE B — PERSONAL AND ADVERTISING
INJURY LIABILITY
D. Personal And Advertising Injury
Item 2. Exclusions is amended by replacing Sub-
paragraphs b. and c. with the following:
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written, televised, videotaped or electronic
publication, in any manner, of material, if done
by or at the direction of the insured with
knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury' arising out of
oral, written, televised, videotaped or electronic
publication, in any manner, of material whose
first publication took place before the beginning
of the policy period.
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 3 of 10
SUPPLEMENTARY PAYMENTS — COVERAGES A
The following are added:
AND B
C. Blanket Additional Insured — Vendors — As Re-
E. Supplementary Payments — Coverages A and B
quired By Contract
Item 1. is amended by replacing Subparagraphs b.
1. Section II — Who Is An Insured is amended to
and d. with the following:
include as an additional insured any person(s) or
b. Up to $5,000 for cost of bail bonds required be-
organization(s) (referred to throughout this
cause of accidents or traffic law violations aris-
endorsement as vendor) with whom you have
ing out of the use of any vehicle to which the
agreed in a written contract, executed prior to
Bodily Injury Liability Coverage applies. We do
loss, to name as an additional insured, but only
"bodily "property
not have to furnish these bonds.
with respect to injury" or
damage" arising out of "your products" which are
d. All reasonable expenses incurred by the insured
distributed or sold in the regular course of the
at our request to assist us in the investigation or
vendor's business.
defense of the claim or "suit", including actual
However,
loss of earnings up to $500 a day because of
a. The insurance afforded to such vendor only
time off from work.
applies to the extent permitted by law; and
b. If coverage provided to the vendor is
SECTION II —WHO IS AN INSURED AMENDMENTS
required by a contract or agreement, the
A. Employee Bodily Injury To A Co -Employee
insurance afforded to such vendor will not
be broader than that which you are required
Paragraph 2. a. (1) is replaced by the following:
by the contract or agreement to provide for
(1) "Bodily injury" or "personal and advertising
such vendor.
injury":
2. With respect to the insurance afforded to these
(a) To you, to your partners or members (if you
vendors, the following additional exclusions
are a partnership or joint venture), to your
apply:
members (if you are a limited liability com-
a. The insurance afforded the vendor does not
pany), or to your other "volunteer workers"
apply to:
while performing duties related to the con-
(1) "Bodily injury" or "property damage" for
duct of your business;
which the vendor is obligated to pay
(b) For which there is any obligation to share
damages by reason of the assumption
damages with or repay someone else who
of liability in a contract or agreement.
must pay damages because of the injury
This exclusion does not apply to liability
described in Paragraph (1) (a) above; or
for damages that the vendor would have
(c) Arising out of his or her providing or failing to
in the absence of the contract or
provide professional health care services.
agreement;
B. Newly Acquired Organizations
(2) Any express warranty unauthorized by
Paragraph 3. a. is replaced by the following:
you;
(3) Any physical or chemical change in the
a. Coverage under this provision is afforded only
product made intentionally by the
until the 180«h day after you acquire or form the
vendor;
organization or the end of the policy period,
(4) Repackaging, except when unpacked
whichever is earlier;
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 4 of 10
(5) Any failure to make such inspections,
4. With respect to the insurance afforded to these
adjustments, tests or servicing as the
vendors, the following is added to Section III —
vendor has agreed to make or normally
Limits Of Insurance:
undertakes to make in the usual course
of business, in connection with the
If coverage provided to the vendor is required by
distribution or sale of the products;
a contract or agreement, the most we will pay on
behalf of the vendor is:
(6) Demonstration, installation, servicing or
repair operations, except such
a. The minimum amount required by the
operations performed at the vendor's
contract or agreement; or
premises in connection with the sale of
b. The Limits of Insurance shown in the
the product;
Declarations;
(7) Products which, after distribution or sale
whichever is less.
by you, have been labeled or relabeled
or used as a container, part or
This endorsement shall not increase the
ingredient of any other thing or
applicable Limits of Insurance shown in the
substance by or for the vendor; or
Declarations.
(8) "Bodily injury or "property damage"
5. With respect to the insurance afforded to these
arising out of the sole negligence of the
additional insureds, the following additional
vendor for its own acts or omissions or
exclusion applies:
those of its employees or anyone else
This insurance does not apply to:
acting on its behalf. However, this
exclusion does not apply to:
a. "Bodily injury", "property damage" or
(i) The exceptions contained in
"personal and advertising injury" arising out
Subparagraphs (4) or (6); or
of the rendering of, or the failure to render,
any professional architectural, engineering
(ii) Such inspections, adjustments, tests
or surveying services, including:
or servicing as the vendor has
agreed to make or normally
(1) The preparing, approving, or failing to
undertakes to make in the usual
prepare or approve, maps, shop
course of business, in connection
drawings, opinions, reports, surveys,
field orders, change orders or drawings
with the distribution or sale of the
and specifications; or
products.
3. This Provision C. does not apply:
pp y:
(2) Supervisory, inspection, architectural or
engineering activities.
a. To any insured person or organization from
This exclusion applies even if the claims
whom you have acquired such products, or
against an additional insured allege
any ingredient, part or container, entering
negligence or other wrongdoing in the
into, accompanying or containing such
supervision, hiring, employment, training
products;
or monitoring of others by that insured, if
b. To any vendor for which coverage as an
the "occurrence" which caused the
additional insured specifically is scheduled
"bodily injury" or "property damage", or
by endorsement; or
the offense which caused the "personal
c. When liability included within the "products-
and advertising injury", involved the
completed operations hazard" has been ex-
rendering of or failure to render any
cluded for such product either by the provi-
professional services by you with
sions of the coverage part or by endorse-
respect to your providing engineering,
ment.
architectural or surveying services in
your capacity as an engineer, architect
or surveyor.
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 5 of 10
D. Blanket Additional Insured — Lessor Of Leased
4. With respect to the insurance afforded to these
Equipment
additional insureds, the following additional
exclusion applies:
1. Section II — Who Is An Insured is amended to
This insurance does not apply to:
include as an additional insured any person(s) or
organization(s) from whom you lease equipment
a. "Bodily injury", "property damage" or
when you and such person(s) or organization(s)
"personal and advertising injury" arising out
have agreed in writing in a contract or
of the rendering of, or the failure to render,
agreement, executed prior to loss, that such
any professional architectural, engineering
person(s) or organization(s) be added as an
or surveying services, including:
additional insured on your policy. Such
(1) The preparing, approving, or failing to
person(s) or organization(s) is an insured only
a , shop
prepare or approve, maps, p p
with respect to liability for "bodily injury",
drawings, opinions, reports, surveys,
"property damage" or "personal and advertising
field orders, change orders or drawings
injury" caused, in whole or in part, by your
and specifications; or
maintenance, operation or use of equipment
leased to you by such person(s) or
(2) Supervisory, inspection, architectural or
organization(s).
engineering activities.
However, the insurance afforded to such
This exclusion applies even if the claims
additional insured:
against an additional insured allege
a. Only applies to the extent permitted by law;
negligence or other wrongdoing in the
supervision, hiring, employment, training or
and
monitoring of others by that insured, if the
b. Will not be broader than that which you are
"occurrence" which caused the "bodily
required by the contract or agreement to
injury" or "property damage", or the offense
provide for such additional insured.
which caused the "personal and advertising
A person's or organization's status as an addi-
injury", involved the rendering of or failure to
tional insured under this endorsement ends
render any professional services by you with
when their contract or agreement with you for
respect to your providing engineering,
such leased equipment ends.
architectural or surveying services in your
2. With respect to the insurance afforded to these
capacity as an engineer, architect or
additional insureds, this insurance does not ap-
surveyor.
ply to any "occurrence" which takes place after
E. Blanket Additional Insured — Managers Or Les -
the equipment lease expires.
sors Of Premises
3. With respect to the insurance afforded to these
1. Section II — Who Is An Insured is amended to
additional insureds, the following is added to
include as an additional insured any person(s) or
Section III — Limits Of Insurance:
organization(s) with whom you have agreed in a
If coverage provided to the additional insured is
written contract, executed prior to loss, to name
required by a contract or agreement, the most
as an additional insured, but only with respect to
we will pay on behalf of the additional insured is:
liability arising out of the ownership,
a. The minimum amount required by the
maintenance or use of that part of the premises
contract or agreement; or
leased to you, subject to the following additional
exclusions:
b. The Limits of Insurance shown in the
Declarations;
This insurance does not apply to:
whichever is less.
a. Any "occurrence" which takes place after
you cease to be a tenant in that premises.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
b. Structural alterations, new construction or
Declarations.
demolition operations performed by or on
behalf of such additional insured.
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 6 of 10
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
2. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is:
a. The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering
or surveying services, including:
(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.
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage", or the offense
which caused the "personal and advertising
injury", involved the rendering of or failure to
render any professional services by you with
respect to your providing engineering,
architectural or surveying services in your
capacity as an engineer, architect or
surveyor.
F. Blanket Additional Insured — State Or
Governmental Agency Or Subdivision Or Politi-
cal Subdivision — Permits Or Authorizations
Section II — Who Is An Insured is amended to in-
clude as an additional insured any state or
governmental agency or subdivision or political
subdivision with whom you have agreed in a written
contract, executed prior to loss, to name as an
additional insured, subject to the following
provisions:
1. This insurance applies only with respect to op-
erations performed by you or on your behalf for
which the state or governmental agency or sub-
division or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or "per-
sonal and advertising injury" arising out of
operations performed for the federal govern-
ment, state or municipality; or
b. "Bodily injury" or "property damage" in-
cluded within the "products -completed op-
erations hazard".
3. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is:
a. The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 7 of 10
4. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering
or surveying services, including:
(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.
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage", or the offense
which caused the "personal and advertising
injury", involved the rendering of or failure to
render any professional services by you with
respect to your providing engineering,
architectural or surveying services in your
capacity as an engineer, architect or
surveyor.
G. Blanket Additional Insured — State Or
Governmental Agency Or Subdivision Or Politi-
cal Subdivision — Permits Or Authorizations Re-
lating To Premises
Section II — Who Is An Insured is amended to in-
clude as an additional insured any state or
governmental agency or subdivision or political
subdivision with whom you have agreed in a written
contract, executed prior to loss, to name as an
additional insured, subject to the following provision:
1. This insurance applies only with respect to the
following hazards for which the state or
governmental agency or subdivision or political
subdivision has issued a permit or authorization
in connection with 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; or
b. The construction, erection or removal of
elevators; or
c. The ownership, maintenance or use of any
elevators covered by this insurance.
However,
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
2. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is:
a. The minimum amount required by the
contract or agreement; or
b. The Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. With respect to the insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering
or surveying services, including:
(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.
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 8 of 10
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily
injury" or "property damage", or the offense
which caused the "personal and advertising
injury", involved the rendering of or failure to
render any professional services by you with
respect to your providing engineering,
architectural or surveying services in your
capacity as an engineer, architect or
surveyor.
SECTION III — LIMITS OF INSURANCE AMEND-
MENTS
A. Damage To Premises Rented To You
Paragraph 6. is replaced by the following:
6. Subject to Paragraph 5. above, 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 or sprinkler leakage, while
rented to you or temporarily occupied by you
with permission of the owner is the greater of:
a. $300,000; or
b. The amount shown next to the Damage To
Premises Rented To You Limit in the Decla-
rations.
However, the provisions of this paragraph do not
apply if Damage To Premises Rented To You
Coverage is excluded by endorsement.
B. Medical Expense Limit
Paragraph 7. is replaced with the following:
7. Subject to Paragraph 5. above, the most we will
pay under Coverage C for all medical expenses
because of "bodily injury" sustained by any one
person is the greater of:
a. $10,000; or
b. The amount shown next to the Medical Ex-
pense Limit in the Declarations.
This insurance does not apply if coverage for
Medical Expenses is excluded either by the pro-
visions of the coverage part or by endorsement.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS AMENDMENTS
A. Knowledge Of Occurrence
Item 2. Duties In The Event Of Occurrence, Of-
fense, Claim or Suit is amended by adding the fol-
lowing:
e. You must give us or our authorized representa-
tive prompt notice of an 'occurrence", claim or
loss only when the "occurrence", claim or loss is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An executive officer or insurance manager, if
you are a corporation; or
(4) A member or manager, if you are a limited
liability company.
B. Other Insurance
Item 4. Other Insurance, b. Excess Insurance (1)
(a) (ii) is replaced by the following:
(ii) That is fire, lightning, explosion or sprinkler leak-
age insurance for premises rented to you or
temporarily occupied by you with permission of
the owner;
C. Unintentional Failure To Disclose Hazards
Item 6. Representations is replaced by the
following:
6. Representations And Unintentional Failure
To Disclose Hazards
a. By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. If you unintentionally fail to disclose any haz-
ards existing at the inception date of your
policy, we will not deny coverage under this
Coverage Part because of such failure.
However, this provision does not affect our
right to collect additional premium or exer-
cise our right of cancellation or non -renewal.
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 9 of 10
D. Waiver of Subrogation
Item 8. Transfer of Rights of Recovery Against
Others to Us is hereby amended by the addition of
the following:
We waive any right of recovery we may have be-
cause of payments we make for injury or damage
arising out of your ongoing operations or "your work"
done under a written contract, executed prior to loss,
requiring such waiver with that person or organiza-
tion and included in the "products -completed opera-
tions hazard". However, our rights may only be
waived prior to the "occurrence" giving rise to the
injury or damage for which we make payment under
this Coverage Part. The insured must do nothing
after a loss to impair our rights. At our request, the
insured will bring "suit" or transfer those rights to us
and help us enforce those rights.
SECTION V — DEFINITIONS AMENDMENTS
A. Insured Contract Amended
Paragraph 9. a. is replaced by the following:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of prem-
ises that indemnifies any person or organization
for damage by fire, lightning, explosion or sprin-
kler leakage to premises while rented to you or
temporarily occupied by you with permission of
the owner is not an "insured contract":
B. Personal And Advertising Injury Redefined
Paragraph 14. d. and e. are replaced by the follow-
ing:
d. Oral, written, televised, videotaped or electronic
publication of material that slanders or libels a
person or organization or disparages a person's
or organization's goods, products or service;
e. Oral, written, televised, videotaped or electronic
publication of material that violates a person's
right of privacy;
WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 10 of 10
Washington State Department of Revenuequr
< Business Lookup
License Information: New search Back to results
Entity name: SALISH SEA MARINE LLC
Business name: ROYAL RESTROOMS OF WASHINGTON
Entity type: Limited Liability Company
UBI #: 604-023-497
Business ID: 001
Location ID: 0001
Location: Active
Location address: 28320 MAPLE VALLEY - BLACK DIAMOND ROAD i
MAPLE VALLEY WA 98038
Mailing address: 26828 MAPLE VALLEY HIGHWAY
SUITE 282
MAPLE VALLEY WA 98038
Excise tax and reseller permit status: Click here
Secretary of State status: Click here
i
Governing People May include governing people not registered with secretary of State
Governing people Title
RAY, DAVID PAUL
Registered Trade Names
Registered trade names Status First issued
ROYAL RESTROOMS OF WASHINGTON Active Jul-18-2017
The Business Lookup information is updated nightly. Search date and time: 2/20/2024 11:54:13 AM
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