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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 muC7iYC+NOela liva mm 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 i1TV OF g:t%!,az& ., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mt w.ci[yuffedarehw y coin 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 I Sly, j / Notary's printed n e � U 1'�YL° .�� ?'gg►aH `Ara+ �',4, �y Notary Public in and for the State of Washington. NQs orofI-u`'� My commission expires i v 48g 5 5 2� Ik AZ 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 Contact us How are we doing? Take our survey! Don't see what you expected? 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