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HomeMy WebLinkAboutWSDOT - Special Event Agreement No. 796397121722 - Lmapson Cable Bridge RunAdw Washington State Department of Transportation Special Event Agreement Agreement # 796397121722 Vince Guerrero City of Pasco Recreation Department Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Re: (Lampson Cable Bridge Run) Agreement # 796397121722 Event Date(s) 12/17/2022 This agreement, made and entered into on this 20' day of September, 2022, by and between the Washington State Department of Transportation, hereinafter referred individually to as "WSDOT" or "Party", and Vince Guerrero, hereinafter referred to individually as the "EVENT PERMITTEE" or "Party", and collectively referred to as "Parties "for the purpose of staging a special event on state highway(s) right of way. Whereas, the EVENT PERMITTEE intends to operate an event described as follows: EVENT operations on SR 397 at or near milepost 17.92 to 20.44, beginning at Gum St and E Columbia Drive, crossing the Cable Bridge, ending at Crane Street and SE Road 21. The EVENT will be allowed on the following date(s): December 17" between the hours of 8:00 am and approximately 11:00 am. Whereas, WSDOT and the Washington State Patrol, hereinafter referred to as "WSP" have determined that the Event may impact traffic operations on state highway(s) to the extent that special traffic controls or other safety considerations are required; and Whereas, WSDOT and WSP conditionally approves your Event on the highway(s) on the date or dates of December 17 2022, subject to the terms and conditions in this Agreement and any attached Exhibits. Given Governor Inslee's `Healthy Washington — Roadmap To Recovery' Order, your event shall abide with Local Agency requirements and the Governor's COVID-19 Phased Re -Opening directions pertaining to event gatherings, their sizes and their locations regardless of this (Letter of Agreement) from WSDOT. Agreement 796397121722 December 17, 2022 Page 2 NOW, THEREFORE, in consideration of the terms, conditions, performances and covenants herein set forth WSDOT and the EVENT PERMITTEE agree as follows: I. Administration and Procedures A. The purpose of this Agreement is to define WSDOT's requirements and the Parties' responsibilities concerning operation of the Event on state highway right of way. This Agreement is not effective unless or until signed by WSDOT and by the EVENT PERMITTEE 12rior to the commencement of the Event. The Parties understand that no guarantees, representations, promises, or statements expressed or implied have been made by WSDOT except to the extent that the same are expressed in this Agreement signed by both Parties. Any modification to the Agreement will be by written amendment to the Agreement, signed by both Parties. WSDOT reserves the right to postpone or deny operation of an Event when approval is requested without sufficient advance notice, as determined by WSP or WSDOT. B. EVENT PERMITTEE is responsible for securing approval from local agencies or communities in unincorporated areas that may be impacted by the Event. If the Event takes place on city streets without access control that are part of state highways, EVENT PERMITTEE shall furnish WSDOT with courtesy copies of any traffic control, insurance, or liability agreements made with local agencies. C. EVENT PERMITTEE is responsible for all costs incurred by WSDOT and WSP. WSDOT and WSP shall submit separate billings to EVENT PERMITTEE to recover individual agency costs and such billings shall be paid by EVENT PERMITTEE within 30 days from EVENT PERMITTEE's receipt of each billing. If the operations of the Event require substantial use of WSDOT and/or WSP labor, equipment, or materials as determined by WSDOT and/or WSP, then the EVENT PERMITTEE is required to enter into a separate cost reimbursement agreement with WSDOT and/or WSP. The cost reimbursement agreement with WSDOT guarantees reimbursement of all Event related costs to WSDOT and shows costs associated with the Event that must be paid by the EVENT PERMITTEE. WSDOT and/or WSP's "Costs" shall include, but not limited to, labor costs, equipment related costs, and indirect costs for services, such as; traffic control, maintenance operations and work zone safety or other highway operations activities. D. EVENT PERMITTEE is responsible for cleaning up immediately after operation of the Event and returning any and all state highway facilities to the state or condition that existed prior to the Event. This work is to be done at EVENT PERMITTEE'S expense and to the satisfaction of WSDOT. Agreement 796397121722 December 17, 2022 Page 3 E. Any base of operations, or storage or staging area for the Event shall be located outside the state's right of way. Prior authorization from WSDOT shall be required for any base of operations, storage or staging areas to be located within the right of way. F. The EVENT PERMITTEE shall include WSDOT and WSP in their waiver or release of damages signed by the Event participants. For those Event participants who are minors, the release must be signed by the parents or guardians of the participant minor. I, ( NAME OF PARTICIPANT ), DO HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS THE WASHINGTON STATE TRANSPORTATION COMMISSION, THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, THE WASHINGTON STATE PATROL, AND THEIR OFFICERS, AGENTS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS OF EVERY KIND WHATSOEVER FOR ANY DAMAGE, LOSS, OR INJURIES KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN WHICH MAY RESULT FROM MY PARTICIPATION IN THE ( NAME OF EVENT ), INVOLVING STATE HIGHWAYS, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN. G. The EVENT PERMITTEE is required to comply with all laws and regulations concerning its use of state highway right of way for the Event, and to ensure that the Event participants comply with such laws and regulations. II. Insurance A. The EVENT PERMITTEE, at solely his or her expense, shall obtain and keep in force during the term of the Event, general liability insurance coverage in an amount no less than $1 million per occurrence (combined single limit of liability) and $2 million in the aggregate. If vehicles are used as part of the event operation, a minimum commercial automobile liability coverage in the amount no less than $1 million per occurrence. The insurance policies shall be with companies or through sources approved by the State Insurance Commissioner pursuant to Chapter 48.05, RCW. For legal description and additional conditions see Exhibit A, attached hereto and made a part hereof. III. Indemnity A. EVENT PERMITTEE its successors, or assigns, will protect, save, and hold harmless WSDOT, its authorized agents, and employees, from all claims, actions, Agreement 796397121722 December 17, 2022 Page 4 costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of EVENT PERMITTEE, its assigns, subtenants, agents, contractors, licensees, invitees, employees, or any person whomsoever arising out of or in connection with the Event and/or this Agreement, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off state highway right of way. EVENT PERMITTEE further agrees to defend WSDOT, its agents, or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or actions commenced, arising out of, or in connection with acts, or activities related to the Event and/or this Agreement, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off state highway right of way. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of WSDOT, its authorized agents, or employees; provided that, if the claims or damages are caused by or result from the concurrent negligence of (a) WSDOT, its agents, or employees, and (b) EVENT PERMITTEE, its assigns, subtenants, agents, contractors, licensees, invitees, or employees or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of EVENT PERMITTEE or EVENT PERMITTEE's assigns, subtenants, agents, contractors, licensees, invitees, or employees. B. WAIVER. EVENT PERMITTEE agrees that its obligations under this Section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents while occupying state highway right of way for any purpose. For this purpose, EVENT PERMITTEE hereby waives with respect to WSDOT only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter Title 51 RCW. C. The indemnification provisions contained in this Section shall survive the termination or expiration of this Agreement. IV. Venue A. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action or proceeding shall be brought in Superior Court in Thurston County, Washington, and EVENT PERMITTEE herein submits to jurisdiction thereunder. Agreement 796397121722 December 17, 2022 Page 5 V. Traffic Control (When required) A. WSDOT has determined that a traffic control plan is necessary for this Event and has been previously reviewed by WSDOT and are attached hereto as Exhibit B and by this reference incorporated into this Agreement. All components of the traffic control plan shall conform to the standards of the Manual on Uniform Traffic Control Devices (MUTCD). if a portion of the Event occurs within city limits, the EVENT PERMITTEE shall submit a copy of the traffic control plans to the city. In addition, traffic control plans shall meet the following requirements and restrictions: 1. EVENT PERMITTEE is responsible for acquiring all traffic control devices and shall have all traffic control devices installed per the traffic control plan prior to commencement of the Event. 2. EVENT PERMITTEE shall ensure that traffic control operations requiring flagging shall be performed by certified flaggers, or off - duty law enforcement officers. B. For Events that WSDOT has determined a full closure or rolling slowdown will be used, the following requirements shall be met: 1. Events requiring a rolling traffic break (intentional slowing of traffic through a moving roadblock, provided by WSP) shall operate at a speed greater than 35 mph on full access control highways. In no event shall any vehicle exceed the regulatory speed limits, provided that emergency vehicles are exempt from this requirement when responding to an emergency. 2. The EVENT PERMITTEE is required to provide notification of a road closure, at least 72 hours in advance, to all fire and law enforcement departments, ambulance companies, and transit agencies that would be affected by the closure. The EVENT PERMITTEE is required to comply with RCW 47.48.020 and with any subsequent amendments thereto. Notice of closure signs that EVENT PERMITTEE shall post under purview of this statute shall state at a minimum, `SR or Ramp_ TO BE CLOSED day, date. time AT location.', provided that EVENT PERMITTEE shall insert the day, date, time and post at each end of the state highway, county road, or city street or portion thereof to be closed or restricted. The signs shall have 6-inch minimum size capital black letters on a white background with a black border and shall be fabricated so the sign will not be affected by weather conditions. Agreement 796397121722 December 17, 2022 Page 6 3. WSDOT shall inform EVENT PERMITTEE if a pre -event meeting is required. The EVENT PERMITTEE shall ensure that WSDOT, WSP, local agency and a representative from emergency services are in attendance of the meeting that is mutually agreed upon. The purpose of the meeting is to highlight Event logistics, traffic control plans and discuss emergency response communication and protocol. The meeting shall take place prior to the commencement of the Event. EVENT PERMITTEE and WSDOT agree that operational decisions and/or emergency situations may require road/lane closures and rolling slowdowns to be opened or ceased immediately. WSP is responsible for traffic enforcement and has final authority regarding the location and specific time of day that any road/lane closures and rolling slow down, or any other part of the traffic control plan may be implemented. Neither WSDOT nor WSP shall be liable for any damages, or loss arising from the decision to reopen lanes during the Event closure. EVENT PERMITTEE shall indicate concurrence by signing and returning the enclosed copy of this Agreement to WSDOT address, cuillib_rdwsdot.wa.gov or fax number provided below. Failure to do so, or any alteration of this document, will render this agreement invalid. If EVENT PERMITTEE has any questions or concerns, the EVENT PERMITTEE shall contact Brad Cuillier at 509 577-1985. WSDOT may change the name of the WSDOT contact and telephone number by notifying EVENT PERMITTEE and without a written amendment. The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective entities to the obligations set forth herein. EVENT SIGNATURE SIGNATURE le 4tre- A5� le, PRINTED NAME �c c✓��,., c TITLE AS OFFICE MTH (Cable Bridge Run) DATE WSDOT SIGNATURE Digitally signed by James Todd Daley Date: 2022.09.27 14:25:57 _20T00' SIGNATURE James Todd Daley, P.E. SCR Traffic Engineer Washington State Department of Transportation Traffic Office Division 2809 Rudkin Rd Union Gap Washington 98903 (509) 577-1600 Exhibit A Agreement # 796397121722 II. Insurance Commercial General Liability (CGL) Insurance written under ISO Form CG0001 or its equivalent with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate providing bodily injury, property damage, and personal injury coverage for the state of Washington for any liabilities, including all costs of defense, arising out of the use of state highways for the Event. These coverage limits may be obtained through any combination of primary, umbrella or excess policies. 2. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for the state of Washington for all owned and nonowned vehicles assigned to or used in the performance of the Event with a combined single limit of not less than $1,000,000 per occurrence. This coverage may be any combination of primary, umbrella or excess policies with the State named as an additional insured or designated insured in connection with EVENT PERMITTEE and the Event. 3. The EVENT PERMITTEE shall be Named Insured and the State, the Governor, the Commission, the Secretary, the Department of Transportation, all officers and employees of the State, and their respective members, directors, officers, employees, agents and consultants (collectively the "Additional Insureds") shall be included as Additional Insureds for all policies and coverages specified in this Section. Said insurance coverage shall be primary and non-contributory insurance with respect to the insureds and the Additional Insureds. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by any Additional Insured shall be in excess of such insurance and shall not contribute with it. All insurance coverage required by this Section shall be written and provided by "occurrence -based" policy forms rather than by "claims made" forms. All endorsements adding Additional Insureds to required policies shall be issued on (i) form CG 20 26 or a form deemed equivalent by WSDOT, providing the Additional Insureds with all coverages required under the Commercial Automobile Liability. 4. If the EVENT PERMITTEE maintains, at any time, coverage limits for itself in excess of limits set forth in this section, then those additional coverage limits shall also apply to WSDOT and the Additional Insureds. This includes, but is not limited to, any coverage limits provided under any risk financing program of any description, whether such limits are primary, excess, contingent or otherwise. Events sponsored by self -insured cities or towns, will need to provide documentation of the city/town self-insurance policy that is equivalent or greater than the requirements as stated above. 6. All insurance policies and coverages required under this shall contain a waiver of subrogation against WSDOT, the State, any Additional Insured and their respective departments, agencies, boards, and commissions, and their respective officers, officials, agents, and employees for losses arising from any action by or on behalf of the EVENT PERMITTEE. This waiver has been mutually negotiated by the parties. 7. Where applicable, the EVENT PERMITTEE shall cause its Subcontractor to provide insurance that complies with all applicable requirements of the EVENT PERMITTEE- provided insurance as set forth herein, in circumstances where the Subcontractor is not covered by the EVENT PERMITTEE-provided insurance. In the event that a Subcontractor is required to provide insurance, the EVENT PERMITTEE, WSDOT, and any Additional Insureds shall be added as an additional insured, for primary and non- contributory limits of liability under each Subcontractor's Commercial General Liability, Commercial Automobile Liability and, any other coverage's which may be required herein. 8. Unless specifically noted otherwise, the Parties to this Agreement do not -intend by any of the provisions of this Agreement to cause the public or any member thereof or any other Person to be a third party beneficiary of the Agreement. Nothing in this Agreement authorizes anyone not a party to this Agreement or a designated third party beneficiary to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. It is the further intent of WSDOT in executing this Agreement that no individual, firm, corporation or any combination thereof which supplies materials, labor, services, or equipment to the EVENT PERMITTEE for performance of work at the Event shall become thereby a third party beneficiary of this Event. The Agreement shall not be construed to create a contractual relationship of any kind between WSDOT and a Subcontractor or any other Person except the EVENT PERMITTEE. 9. The EVENT PERMITTEE's Protective Insurance policy shall not be subject to a deductible or contain provisions for a deductible. The Commercial General Liability and Commercial Automobile Liability Insurance policy may, at the discretion of the EVENT PERMITTEE, contain such provisions. If a deductible applies to any claim under these policies, then payment of that deductible will be the responsibility of the EVENT PERMITTEE, notwithstanding any claim of liability against WSDOT. 10. With the exception of the Commercial Automobile liability coverage, no policies of insurance required under this section shall contain an arbitration or alternative dispute resolution clause applicable to disputes between the insurer and its insureds. Any and all disputes concerning (i) terms and scope of insurance coverage afforded by the policies required hereunder and/or (ii) extra contractual remedies and relief which may be afforded policy holders in connection with coverage disputes, shall be resolved in Washington Superior Court in Thurston County Washington, applying Washington law. 11. Prior to Event, the EVENT PERMITTEE shall file with the Department of Transportation, HQ Traffic Operations, P.O. Box 47344, Olympia, WA 98504-7344, ACORD Form Certificates of Insurance evidencing the minimum insurance coverage's required under these Specifications. Within thirty (30) days of the Event, the EVENT PERMITTEE shall provide WSDOT with complete copies of all insurance policies required under this section. 12. The EVENT PERMITTEE shall provide written notice to WSDOT and any Additional Insured, by facsimile transmission, electronic mail or U.S. Mail, notice of any policy cancellation within two business days of receipt of cancellation. 13. Failure on the part of the EVENT PERMITTEE to maintain the insurance as required, or not to provide certification and copies of the insurance prior to the time specified in Subsection 11 above, shall constitute a material breach of Contract upon which WSDOT may deny the application. (Proof of insurance and indemnification of WSDOT is required prior to issuing the Letter of Agreement). 3 Insurance Authority P.O. Box 88030 8/20/2022 WSDOT Attn: Brad Culillier 2809 Rudkin Road Union Gap, WA 98903 Re: City of Pasco 2022 Lampson Cable Bridge Run Tukwila, WA 98138 Phone:206-575-6046 Fax: 206-575-7426 www.wciapool.org ROM 14100 Evidence of Coverage The City of Pasco is a member of the Washington Cities Insurance Authority (WCIA), which is a self -insured pool of over 160 public entities in the State of Washington. WCIA has at least $4 million per occurrence limit of liability coverage in its self -insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. Liability coverage includes general liability, automobile liability, stop- gap coverage, errors or omissions liability, employee benefits liability and employment practices liability coverage. WCIA provides contractual liability coverage to the City of Pasco. The contractual liability coverage provides that WCIA shall pay on behalf of the City of Pasco all sums which the member shall be obligated to pay by reason of liability assumed under contract by the member WCIA was created by an interlocal agreement among public entities and liability is self -funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, Rob Roscoe Deputy Director cc: Angela Pashon Vince Guerrero Brent Kubalek 2022 CABLE BRIDGE RUN `_ axv ima -CONTRACT -PHIL+CHAR -PASCO POLICE -VOLUNTEERS -PLIRJC WORKS CHANNELIZING DEVICE SPACING {FEE') MPH TAPER TANGENT 50 / 65 40 80 l 35 ! 45 30 80 26130 20 40 FREEWAYS& EXPRESSWAYS fimMPH 1500' RURAL HIGHWAYS am MPH 0 RURALROADS "MPH 500' RURAL ROAM URBAN ARTERIALS MKPH 350' RURAL ROADS] BUSINESS DISTRICTS 26MMPH 200' URBAN STREETS 25 MPH OR LESS 100' www.invarion.com MPH TAPER TANGENT 50165 40 80 35146 30 60 25I30 k--T 40 ALL SIGNS ARE 48 X48 CLASS B UNLESS OTHERWISE NOTED AND SPACING WILL BE ACCORDING TO LEGEND. ALL SIGNS ARE BLACK ON ORANGE UNLESS OTHERWISE NOTED. TC DEVICES ARE n INCHES IN HEIGHT, TC IS IN ACCORDANCE WITH MUTCO AND WSDOT STANDARDS. DEVICES& SIGN SPACING ARE NOT TO SCALE TCP 3 TWA CONTRACTOR: CITY OFPASCO SIGNSPACING._ GENERALNOTES... PRQ,IECT NAME: CABLE BRISGE RUN ALL SIGNS ARE 48X AS CLASS B UNLESS OTHERYASE NOTED AND SPACING _ FURAL IGHWAPRESSWAYS S6RDPPH T600 BILL BE ACCORDING TO LEGEND. f)ATE:TBD RURALNIGHWAYS 60165MPH 8(Nr DURATIDN:TeC RURALROADS 45MSMPH 6W ALL SIGNS ARE BLACK ON ORANGE UNLESS OTHERIMSENOTED. \ DRANM3Y:AMBERJDURDwTCSi012D11 RURAL ROADSIURBAN ARTERIALS 6MMPH 3W TC DEVICES ARE 28 INCHES IN HEIGHT. RURAL ROADS1 BUSINESS DISTRICTS 25MMPH no, TCISINACCORDANCE WITHMUTCDAND WSDOTSTANDARDS. URBAN STREETS 26MPHORLESS 1110' DEVICES& SIGN SPACING ARE NOTTO SCALE www.invarion.com TCP 4 �^A $ - - SIGN SPACING_, GENERALHOTES... J CONTRACTOR: APOLLO RD CLOiREWIT FLACC1PARKTRAIL ALL SIGNS ARE4 X IB CLASS B UNLESS OTHERiNSE NOTED AND SPACING P=FC RDCLOBUREYATH FUGGERB FREEWAYS 5 EXPRESS WAYS 6670 MPH 1EOD' RURALHIGHWAYS smmPH Bp0' WI.LBEADCORDINGTOLEGEND. o DATE: TBp ALL SIGNS ARE BLACK ON ORANGE UNLESS OTHERNSE NOTED. DURAIION:TBD RURALROADS /BSWM d00' RURAL ROADSIURBAN ARTERIALS SBNOMPH SEO' TCDEVICES ARE 26INCHES INHENiHL � DRAWN BY:AMBERJOURDANTCSA012011 �NROAAES1 USINESSDISTPo41S20UMMM.PPH 20' TCISINACCORDANCE WTHNUTCDANDMOOT STANDARDS, DEVICES 6 SIGN SPACING ARE NOTTO SCALE www.invarion.com CHANNELING DEVICE SPACING (FEET) MPH TAPER TANGENT 50165 40 60 35145 30 60 25130 20 40 CO[mTACTOR:CITYOFPASCO . scPROJECT NAME: CABLE BRIDGE RUN IVITE:TBD OGRATIOV: TBD o A/��(���� DRAWNBY:AMBERJOURDANTCS1012DH �qg www.invarion.com TCP 5 SIGN SPACING.. GENERAL NOTES.. Speed L.imk 1 Lane Width 30 PREEMYS&EXPRESSWAYS 56ROMPH INN, ALL SIGNSARE48RA6CLASS 6UNLESS OTHERIMSENOTED ANDSPAONG RURAL HIGHWAYS 3056MPH 800' WILLSEACCORDINGTOLEGEND. RUXLROADS 4WSSMPH 600' ALL SIGNS ARE BLACK ON ORANGE UNLESS OT}ERMSE NOTED. RUULROADWURBAN ARTERALS 86140MPH SW TODEYICESARE 28INCHES INHEIGHT RURAL ROADS( BUSINESS DISTRICTS 2MOMPH 200' TIC IS IN ACCORDANCE WTTH MUTCO AND NEON STANDARDS. URBAN STREET$ 26 MPH OR LESS I00' DEVICES &SIGN SPACING ARE NOT TO SCALE. (r4.f.CYslid CDNTRACTOR:Cf1Y0FPA3CC SION SPACING.,. GENERAL NOTES._ 00 PRO.IECT NAME: CABLE BRIDGE RUN FREEWAYS S EXPRESS WAYS 651/0 MPH 1600' ALL SIGNS ARE IS XIS CLASS B UNLESS OTHERWISE NOTED AND SPACING OAfE: TBD RURAL HKiHYMYS SDASMPH NO' WILL BE ACCORDWO TO LEGEND. � DURATTOD RURAL ROADS IiHSMPH 601' ALL SIGNS ARE BLACK ON ORANGE UNLESS OTHERWISE NOTED, msc DRAWTIBr. AMBER JOURDAN TCS#012011 RURALROADSIURBANARTERIALS 3iWMPH 360' TO DEWCES ARE 25 INCHES IN HEIGHT. RURAL �Cilusax�t: URBANSTRA �BIAiB1ESSDISTR6M HORLESS 1�w TCISIN &S)ONANCE PACING ARE TO SCALE, DEYK:ES 5 S1GN SPACING ARE NOT TD SCALE. www.invarion.com