092-23 - WA State Department of Transportation - ContractAdmbk
w7Washington State
. Department of Transportation
Jenine Floyd, Event Coordinator
216 Prospect Street
Port Orchard, WA 98366
Special Event Agreement
Agreement #SE13-23
Olympic Region
7407 31 st Ave NE, Lacey
P.O. Box 47440
Olympia, WA 98504-7440
360-357-26001 Fax 360-357-2601
TTY.1-800-833-6388
www.wsdot.wa.gov
Re: Festival of Chimes and Lights
Event Agreement
December 2, 2023
This agreement, made and entered into on this 24 day of October, 2023, by and between
the Washington State Department of Transportation, hereinafter referred individually to as
"WSDOT" or "Party", and City of Port Orchard 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: Festival of
Chimes and Lights, scheduled for, Saturday, December 2, 2023. Closing Hwy 166, 3:00 p.m. to
7:30 p.m., a detour will be in place, hereinafter referred to as the "Event".
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) listed below,
on the date or dates of December 2, 2023, subject to the terms and conditions in this Agreement
and any attached Exhibits.
➢ Hwy 166- Milepost 2.66 (Cline Ave) to milepost 2.90 (Sidney Ave)
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 prior 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.
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 HIND 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, 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.
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:
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:
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.
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, lindsed@wsdot.wa.gov. 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 Dawn Lindsey at 360-704-3227. 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
Rob Tug awm
Rob Putaansuu (Oct 24, 202311:22 PDT)
SIGNATURE
Rob Putaansuu
PRINTED NAME
Mayor
TITLE AS OFFICE WITH
10/24/2023
DATE
WSDOT Signature
SIGNATURE
10/24/2023
DATE
Dawn Lindsey
Traffic Operations
lindsed@wsdot.wa.gov
Olympic Region
PO BOX 47440
Olympia, WA
Exhibit A
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.
5. 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).
State Highway Closure and Detour
Signing for Special Events
Barricade Mounted
Sign Assembly ,
M4-9L M4-9 M4-9R
DETOUR
Use as Needed to Guide
Traffic Through Detour Route
SIGNING DETAILS
TYPICAL SIGN SPACING = X
45 MPH+ 500 FEET t
35/40 MPH 350 FEET ±
25f30 MPH 200 FEET t
USE 48" X 48" WARNING SIGNS
• ON STATE HIGHWAYS OUTSIDE CITY LIMITS
• HAVING A POSTED SPEED LIMIT OF
45 MPH OR GREATER
SIZE WARNING SIGNS ON OTHER ROADWAYS,
AND OTHER SIGNS, PER THE MUTCD
WARNING SIGNS AND DETOUR SIGNS
BLACK LETTERS ON ORANGE
REFLECTIVE BACKGROUND
ROAD CLOSURE SIGNS
BLACK LETTERS ON WHITE
REFLECTIVE BACKGROUND
R11-1501
ROAD E Install 71Days
CLOSEDWIL`- Prior to Closure
R11-2 WEoaMa.
ROAD
CLOSED
grove OR nraw
M4-101- M4-10R
®1C
Lava Enforcement
Officer Directing Traffic
�(;�" X
� s
W 20-7A
0
X
DETOUR
AHEAD W20-2
X
04
ROAD
CLOSED
HEAD
W20-3
SPECIAL <AD
ADE
EVtNT ORFFICAHE0SORY,
W20-901 Mod.
FLAGGER NOTES
FLAGGERILAW ENFORCEMENT OFFICER
STATIONS SHALL BE ILLUMINATED BY
FLOODLIGHTS DURING HOURS OF DARKNESS
WHEN FLAGGING AT A TRAFFIC SIGNAL
CONTROLLED INTERSECTION, SET SIGNALS
TO ALL RED FLASH OR TURN SIGNAL OFF
Certificate of Coverage
R I S K
MANAGEMENT
SERVICE
AGENCY
Certificate holder: Policy number: None
WA State Department of Transportation Term of certificate: 1/1/2023 — 1/1/2024
Traffic Operations, Olympic Region Annual re -issue: Yes
RE: Saturday, December 2, 2023, Festival of Chimes and Lights
Please be advised that the City of Port Orchard is a member of the Association of Washington Cities Risk
Management Service Agency (AWC RMSA) and participates in the self -insured and loss -pooling programs
checked below, which are administered by the AWC RMSA for its members.
Type of coverage Limits Deductible
®
All risk property coverage
$250 million per occurrence
$0
®
Liability coverage
$15 million per occurrence
$0
®
Employee fidelity blanket coverage
$1 million per occurrence
$0
®
Comprehensive auto liability
$15 million per occurrence
$0
®
Cyber liability
$3 million per occurrence
$0
®
Pollution liability
$2 million per occurrence
$0
Under the AWC RMSA Coverage Agreement issued to the member referenced above, and within the limits
and provisions of the above program, AWC RMSA has agreed to provide, to the certificate holder named
above, defense, payment, and loss or indemnification funding in accordance with the terms of the Coverage
Agreement, with the exception that no defense or indemnity is available for claims arising from the sole
negligence of the certificate holder with respect to the referenced operations or activities.
AWC RMSA is not an insurance company and therefore cannot name an additional insured or loss payee.
Cancellation: Should the above described coverage be cancelled before the expiration date thereof, the AWC RMSA will provide
notice to its members in accordance with its Coverage Agreement. Failure to provide such notice to the certificate
holder shall impose no obligation or liability of any kind upon the AWC RMSA.
This certificate is issued for information only and gives no rights to the certificate holder. This certificate does not
amend, extend, or alter the coverage provided by the AWC RMSA.
Carol Wilmes
Director of Member Pooling Programs
cc: City of Port Orchard