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AG 15-042 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/- 1£L(L 7 1 2. ORIGINATING STAFF PERSON:T/,V/iy -- t /✓VV d7 EXT: 3. DATE REQ.BY: I vg ! S 4. 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 ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL , IyOTHER ■ • `f ' r.r—A - \. . —(.-F I ia I .Ali _• _f) 4 V / _ 1 '' k ✓ CI''L�L, , Y1St.t,C! .O GIKt -() 5. PROJECT NAME: ( 2)CL L Y 7 r"V\1.,P,t'^ 6. NAME OF CONTRACTOR: DBM C ors o C-t"t,c An L ADDRESS: 1-ec el-a d Ik ln . v■/1,4 TELEPHONE: 05 3 3 3' I`{O. - 0 E-MAIL: FAX: SIGNATURE NAME: j-Ve vP 5-+i1r>5 TITLE: 1 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ r UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: AF 1 E (L /V?Lc Si 61/I/E}'?t Lt S COMPLETION DATE: 1:— O7-/Y1 vV€:1 9. TOTAL COMPENSATION:$ (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 ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED / ROJECTMANAGER rjl`V fC-1/V r jt Yvn.11 b-I 110 `' I DIVISION MANAGER /(.IAA.., 1/13//s DEPUTY DIRECTOR w_` DIRECTOR r:!�� ❑ RISK MANAGEMENT (IF APPLICABLE) ';s'LAW DEPT e t,,g/f 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 112-1 16. DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED LAW DEPT ❑ CHIEF OF S , - XSIGNATOR. MAYOR• ' DIRECTOR j A�� ❑ CITY CLERK i y ASSIGNED AG# AG# i i 014.1 r_ /`SIGNED COPY RETURNED DATE SENT: t7 ❑RETURN ONE ORIGINAL COMMENTS: J EXECUTE "ORIGINALS �2 ' 'i V '�1t tJ.;tJ %'v ?J , *''' t ( 5"I�Lr f�Z " C' '/ /L�' 4 MGIy0/ .c(f M ' j We LA t 11/9 AGREEMENT DATED this 13th day of January, 2015 WHEREAS, the City of Federal Way, Washington ("City") has requested permission to enter the property owned by Donald B. Murphy Contractors, Inc. ("DBM") located at 1220-1224 S. p p Y P Y 356th Street, Federal Way("the Property")for the purposes of conducting a survey for street improvements, and has engaged the services of KPG, Inc. ("KPG")to conduct said survey, WHEREAS, DBM is willing to grant the City and KPG and their agents permission to enter the Property for the purposes of such surveying, and WHEREAS, DBM desires to be protected from unintended consequences of such survey activities, NOW, THEREFORE,the City, KPG, Inc and DBM agree as follows: 1. The City and KPG shall be granted permission to enter the Property during business hours for purposes of conducting such survey. 2. The City, KPG and any of their agents entering the Property shall comply with all state and federal regulations pertaining to construction sites, including the use of protective gear including but not limited to hard hats, hearing protection, safety glasses and work boots. 3. To the fullest extent permitted by law, the City and KPG ("Indemnitors")shall indemnify DBM as follows: the Indemnitors shall indemnify, defend, and hold harmless DBM, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines,judgments, and attorney fees (including, without limitation, costs, attorney fees, expert witness fees, and other expenses of litigation) of every nature arising out of or in connection with the City's use of the Property as described herein, or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of DBM. To the limited extent necessary to enforce this Agreement, the City and KPG waive any protection that they may have under RCW Title 51. 4. The City and KPG each agree to provide with DBM with a certificate of insurance evidencing general liability insurance of at least$1 M(occ)/$2M(agg) and to provide DBM with a policy endorsement(on ISO forms 2010 and 2037 or equivalent) naming DBM, its officers and employees as additional insured. City of Fe.; Way, -shington Donald B. Murphy Contractors, Inc. Signed: _Am,! Signed: By: _ By: T d c,t. 3,, Authorized Representative Authorized Representative KPG, Inc. Signed: By: t ji1 t I Authorized Representative