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HomeMy WebLinkAboutWashington State Department of Transportation - Arboretum Luminaria Event Agreement Washington State South Central Region IV Department of Transportation oad Unmown Gap,WA R 98903-1648 509-577-1600/FAX:509-577-1603 M.1.800-833-6388 www.wsdol.wa.gov Event Agreement Agreement # 54602412091016 Joe Rosenlund City of Yakima 2310 Fruitvale Blvd Yakima, WA 98902 2016 Arboretum Luminaria Agreement This Agreement made and entered into on this 8'1'day of December 2016, by and between the Washington State Department of Transportation, hereinafter referred to as "WSDOT", and the event coordinator Joe Rosenlund, hereinafter referred to as the "EVENT COORDINATOR", representing the City of Yakima, for the purpose of staging an event on a state highway right of way. Event Description Arboretum Luminaria, hereinafter referred to as the "EVENT'. Whereas, WSDOT and the Washington State Patrol, hereinafter referred to as "WSP" have determined that the EVENT will impact normal traffic operations on a state highway to the extent that special traffic controls or other safety considerations are required. Whereas, WSDOT with the advice of WSP conditionally approves EVENT operations on HWY 24 for the 2016 Arboretum Luminaria on the date(s) of December 9'h and December 10'h 2016. The turn lane entering Arboretum Rd at the intersection of HWY 24 and Arboretum Rd. at or near MP 0.26, will be closed from 5:00 PM to 9:00 PM, for the Arboretum Luminaria event, subject to the terms and conditions in this Agreement and any attached Exhibit(s). Administration and Procedures 1. WSDOT enters into this written agreement with you for the purpose of defining responsibilities and requirements for EVENT operations on state highways. This Agreement is not effective unless or until signed by WSDOT and countersigned by you prior to the commencement of the EVENT. WSDOT assumes no obligation for any EVENT, pursuant to an agreement form that is unsigned, or altered by the EVENT COORDINATOR without WSDOT concurrence. WSDOT reserves the right to postpone or deny an EVENT operation when approval is requested without sufficient advance notice, as determined by WSP or WSDOT. 2. You are encouraged to use county roads or city streets if at all possible. You are 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, you shall furnish WSDOT with courtesy copies of any traffic control, insurance, or liability agreements made with local agencies. 3. You are responsible for cleaning up immediately after EVENT operations and returning any and all state highway facilities to the state or condition that existed prior to the EVENT. 4. The WSDOT and WSP will not provide resources for this event. If resources are required to return the roadway to the condition is was prior to the EVENT, to conduct traffic control for the EVENT, or to provide additional enforcement for the EVENT; you will be responsible for paying the full cost to provide these resources. 5. 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. 6. For events having participant registration forms, you are encouraged to include WSDOT and WSP in a statement of waiver or release of damages against.the state of Washington, for signature by event participants or parents or guardians of participant minors. A sample release for such forms is as follows: 1, ( 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 which may result from my participation in the ( 2016 Arboretum Luminaria ), involving state highways, known or unknown, foreseen or unforeseen. 7. Information in attached EXHIBIT(S) may identify existing regulatory prohibitions of specific types of traffic on limited access highways, such as the pedestrian prohibition on full access controlled highways. Liability 1. EVENT COORDINATOR, 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 that$1 million per occurrence (combined single limit of liability) and $2 million 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. Said general liability coverage shall be written on an "occurrence" basis, not a "claims made" basis, and shall provide coverage no less than the coverage provided by a Commercial General Liability Coverage Form (CG 00 01 07 98 ISO or later). Said policy shall not be subject to any self-insured retained limit of liability, or endorsements that would limit the coverage provided by the original policy form, except to the extent that coverage is limited to claims arising from the EVENT. EVENT COORDINATOR, at his or her expense, shall obtain and keep in force during the term of the EVENT commercial automobile liability coverage in an amount no less than $1 million per occurrence (combined single limit of liability) providing bodily injury and property damage coverage for the State of Washington as an additional insured under said policy. Said liability coverage shall provide coverage no less than the coverage provided by a Commercial Automobile Liability Form (CA 00 01 07 97 ISO or later). Said policy shall not be subject to any self-insured retained limit of liability, or any endorsement that would limit the coverage provided by the original policy form, except to the extent that coverage is limited to claims arising from the EVENT. An affidavit verifying proof of insurance reflecting the required coverage is required and must be in the possession of WSDOT and WSP prior to commencement of the event. 2. EVENT COORDINATOR shall indemnify and hold the state of Washington harmless against any and all claims or actions of any type of nature by third parties for injuries or property damage, including all costs of defense, caused by or arising out of the EVENT. Venue I. 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 a court of competent jurisdiction situated in Thurston County, Washington, and EVENT COORDINATOR herein submits to jurisdiction thereunder. Traffic Control 1. WSDOT has determined that a traffic control plan is necessary for this EVENT. Operational details specific to the EVENT are contained in EXHIBIT C, attached hereto. All components of the traffic control plan shall conform to the standards of the Manual on Uniform Traffic Control Devices (MUTCD). Such plans must be approved by the WSDOT Regional traffic engineer(s) and are coordinated by the State Traffic Engineer for inter-regional events. In addition, traffic control plans shall meet the following requirements and restrictions: • EVENT COORDINATOR is responsible for acquiring all traffic control devices, and shall have all traffic control devices installed per approved plan prior to commencement of the EVENT. • Traffic control operations shall be performed by certified naggers, or off duty law enforcement officers; • Any 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, freeway type highways. in no event shall any vehicle exceed the regulatory speed limits. • Traffic control plans may include proposals to close shoulders, lanes, or entire sections of state highways. Information about the proposed closures including dimensions such as overall distance, lane or shoulder widths, times and dates, and detour plans shall be included in the approved traffic control plans. Closures on interstate and other access controlled, freeway type highways will not be allowed. • Road closures will be considered only where no other traffic control strategies appear satisfactory, and where an adequate detour route is available. The EVENT COORDINATOR is required to provide notification of the 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 COODINATOR is required to comply with RCW 47.48.020, a copy of which is hereto attached. (The copy of RCW 47.48.020 has been provided as a courtesy. It may or may not have current amendments. EVENT COORDINATOR is responsible for reading and complying with any subsequent amendments to the statute that are not attached). Notice of closure signs posted under purview of this statute shall read, at a minimum, 'SR TO BE CLOSED day, date, time AT location.' The signs shall have 2-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. 2. If elements of the traffic control plan such as road or lane closures, or rolling traffic breaks impact normal traffic operations, a pre-event meeting, scheduled by the EVENT COODINATOR may be required. The EVENT COODINATOR, WSDOT, WSP should attend this meeting, along with a representative of any local agency impacted by the EVENT. The purpose of the meeting is to ensure that the traffic control plan and related operational procedures are finalized and participants understand their roles and responsibilities prior to commencement of the EVENT. Minor events (as determined by WSDOT or WSP) may not require this operational meeting. 3. EVENT COORDINATOR and WSDOT do agree that operational decisions and/or emergency situations may require road/lane closures to be opened immediately. WSP is responsible for traffic enforcement, and has final authority regarding the location and specific time of day that any road/lane closures, 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 an event closure. Please indicate your concurrence by signing and returning the enclosed copy of this Agreement to the South Central Region Traffic Office. Once received, SCR Traffic will sign and return to you a copy of the Agreement for your records. Failure to do so, or any alteration of this document, will render this Agreement invalid. If you have any questions or concerns,please contact Brad Cuillier of my staff at 509-577-1985. Event Signature OT Signature flier SIG TU 117 t) Ja es Todd Daley, P.E. South Central Region, Traffic Engineer 1/14-'' 1 1411� �� 1218 7 PRINTED NAME DATE �� 2809 Rudkin Road TITLE S OFFICE WITH(2016 Union Gap, WA 98903-1646 Arboretum Luminaria) OFF ICE# 509-577-1992 t y lql ( If) FAX# 509-577-1740 DATE CITY CONTRACT NO: O/ ' dSV RESOLUTION NO: h(4 JTD: bnc Enclosure cc: Les Turnley, WSDOT SCArea 2 Scott Clark, WSDOT SCArea 2 Jim Henderson, WSDOT SC Spec. Kerry Jorgensen, WSDOT TMC Rob Huss, WSP Yakima Dan Floyd, WSDOT SC ARA Summer Derrey, Communications www.irvarion.com .:a 4 A • I . 'v �.�\ 1 j • I ROAD Arboretum Drive ROAD CLOUDe. C1o5ed 5PM to 9PM . .` 511 ► ..- CLOUD pH WA 24 `- Hdinford RGI-iii ' ,„, U'♦ . - l lz/s & 12/10 - Hanford Road WC NW a . _ p A .„ - p,-- . Arboretum Drive POND 'V IP fr Closed 5PM to 9EM _ 12/9 6 12/10 +irI. ; US 12 \ ! t PARKING I IS n7 8 ,: "Ai 02 t CROAD LOSED US1: I. + } a i = -t-r1- -r.i.1.8, -1__- .:,1'.-8 ''I - •,titrrrtt,icw Cr,.rth 97n8.1 SKoo► Yaki113 Cities Insurance Association of Washington. CERTIFICATE OF COVERAGE issue Date: 12/06/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONST ITUTE A CONTRACT BET WEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERT IFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the MOC must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of Ute MOC,certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER -„. COMPANIES AFFORDING,COVERAGE - Clear Risk Solutions GENERAL LIABILITY CIAW/Munich Re 451 Diamond Drive Ephrata,WA 98823 • Phone 509.754-2027 Fax 509-754-3406 AUTOMOBILE LIABILITY CIAW/Munich Re INSURED PROPERTY CIAW/Munich Re et al. City of Yakima 129 N 2nd St Yakima,WA 98901 CRIME/PUBLIC EMPLOYEE DISHONESTY CIAW/Munich Re COVERAGES ." , THIS IS TO CERTIFY T HAT THE COVERAGES UST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICAT ED,NOT WITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF CONTRACT OR OT HER DOCUMENT WITH RESPECT TO WHICH T HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH MOC.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE MOC NUMBER MOC EFF MOC EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CIAW161734514 12/01/2016 12/01/2017 GENERAL AGGREGATE $25,000,000 OCCURRENCE FORM PRODUCT-COMP/OP AGG $25,000,000 PERSONAL&ADV.INJURY $15,000,000 EACH OCCURRENCE $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000 AUTOMOBILE LIABILITY . " . - .. .. , , ANY AUTO CIAW161734514 12/01/2016 12/01/2017 COMBINED SINGLE LIMIT $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE PROPERTY CIAW161734514 12/01/2016 12/01/2017 ALL RISK PER OCC EXCL EQ&FL EXCLUDED EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC(Except FZASV,*IRA isSlMM)EXCLUDED (PROPERTY IS SUBJECT TO A N/A SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE CRIME/PUBLIC EMPLOYEE DISHONESTY (CRIME SUBJECT TO AO 25,000 PROGRAM SIR) CIAW161734514 12/01/2016 12/01/2017 PER LOSS $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES 1 SPECIAL ITEMS , Regarding traffic diversion during Yakima Area Arboretum's 2016 Luminaria Candle-Lit Walk,12/9/16 and 12/10/16. Washington State Department of Transportation,The State of Washington,its elected and appointed officials and officers,its departments,agencies,boards,commissions,authorized agents,and employees are named as Additional Insured regarding this letter of agreement and event only and are subject to coverage terms,conditions,and exclusions.MOC is primary and non-contributory.Insured endorsement and Waiver of Subrogation are attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PROV ISIONS OF THE MOC. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Washington Dept of Transportation )4()Y° I�n� . PO Box 47344 CW Jt/( Olympia,WA 98504 (J 3195636 ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How Coverage is Changed It is agreed that the interest of any Additional Insured is recognized as their interests may appear, providing that the certificate of coverage that this is attached to has been issued and is on file with the Company. The Limits of Coverage applicable to the Additional Insured are those specified in either the: 1.Written Contract or written agreement;or 2. Declarations for this memorandum,whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. Additional Insured: Washington Dept of Transportation PO Box 47344 Olympia,WA 98504 Regarding traffic diversion during Yakima Area Arboretum's 2016 Laminaria Candle-Lit Walk,12/9116 and 12/10/16. Washington State Department of Transportation,The State of Washington,its elected and appointed officials and officers,its au departments,agencies,boards,commissions,authorized agents,and employees are named as Additional Insured regarding this letter of agreement and event only and are subject to coverage terms,conditions,and exclusions.MOC is primary and noncontributory.Insured endorsement and Waiver of Subrogation are attached. Other terms: All other terms of your MOC remain the same. 3195637 WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Washington Dept of Transportation PO Box 47344 Olympia, WA 98504 If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under this memorandum whether on a primary,excess or contingent basis,the coverage under this memorandum is excess of and does NOT contribute with such other insurance. The coverage under this memorandum is NOT subject to the terms, conditions,or limitations of any other insurance. This condition does NOT apply with respect to excess insurance purchased specifically to be in excess of this memorandum. Any person or organizations as shown in the Schedule above,for whom we make a payment under this coverage must transfer their right to recovery against any other party.After a Claim they must do everything necessary to secure, and nothing to impair these rights. However, we will waive our right of recovery against any person or organization as shown in the Schedule above with respect to which the Insured has waived its right of recovery prior to the Occurrence,Accident or Wrongful Act in an Insured Contract. Other terms: All other terms of your Memorandum of Coverage remain the same. 3195638