Bellingham Rock public distribution waiver

Community members will have a limited opportunity to obtain a piece of Bellingham Rock on from 9 a.m. to 3 p.m. Saturday, July 11, at the Civic Stadium parking lot in Bellingham.

Before it was removed as part of a project to restore fish passage at Friday, Lake and Chuckanut creeks, Bellingham Rock served as a community billboard along Interstate 5 for more than five decades.

The Washington State Department of Transportation will begin distributing rock pieces at 9 a.m. Saturday, July 11. That opportunity will continue until as late as 3 p.m. or until all rock pieces have been given out. Rock pieces will be limited to one per person until 2 p.m. to ensure as many people as possible have an opportunity. Rock pieces will be given out on a first come, first served basis, and a completed waiver form does not guarantee a rock piece will be available for pick up on Saturday.

Bellingham Rock pieces will be distributed free of charge, but interested people should fill out an online waiver by noon Friday, July 10. Each person must fill out a waiver, even if they are in the same vehicle.

On Saturday, July 11, people should enter the Civic Stadium parking lot (1445 Puget Street, Bellingham) from Orleans Street on the west side of the parking lot. After driving through and receiving their rock piece, people should exit using Puget Street on the east side of the parking lot.

Bellingham Rock Waiver

RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, HAZARDOUS MATERIALS ACKNOWLEDGMENT, AND INDEMNIFICATION AGREEMENT

This Release, Waiver of Liability, Assumption of Risk, Hazardous Materials Acknowledgment, and Indemnification Agreement (“Agreement”) is entered into by and between the Washington State Department of Transportation (“WSDOT”) and the undersigned recipient (“Recipient”) in exchange for Recipient receiving a piece of the iconic “Bellingham Rock” previously located on I-5.

1. Transfer of Material

WSDOT is providing Recipient with one or more pieces of the commonly known “Bellingham Rock” (the “Material”) on a voluntary, no-cost basis. Recipient understands that the Material originated from a roadside landmark that was exposed to decades of paint application and environmental conditions.

Recipient further understands and acknowledges that the Material and/or associated dust, residue, or debris may contain hazardous substances, including but not limited to lead, cadmium, heavy metals, solvents, paint residues, silica, or other contaminants. WSDOT has not done any additional testing to detect and determine the presence of any contaminants on or within the Material being distributed.

The Material is transferred in its present condition, “AS IS,” “WHERE IS,” and “WITH ALL FAULTS.”

2. No Warranties or Representations

WSDOT makes no representations or warranties, express or implied, regarding:

• the condition, safety, suitability, or fitness of the Material for any purpose;
• the presence or absence of hazardous substances or contaminants;
• whether the Material complies with any environmental, health, safety, or disposal laws or standards.
• Recipient acknowledges that WSDOT has advised Recipient that hazardous substances may be present and that Recipient has had the opportunity to independently inspect, test, or evaluate the Material before accepting it.

3. Assumption of Risk

Recipient knowingly and voluntarily assumes all risks associated with possession, transportation, storage, handling, display, alteration, use, release, exposure to, or disposal of the Material, including but not limited to:

• bodily injury;
• illness;
• toxic or chemical exposure;
• respiratory exposure from dust or debris;
• property damage;
• environmental contamination;
• regulatory enforcement actions;
• cleanup or remediation costs.

Recipient understands that exposure to lead and other hazardous substances may cause serious health effects.

4. Hazardous Materials Handling Acknowledgment

Recipient acknowledges and agrees that:

• the Material may contain lead and other hazardous substances;
• cutting, grinding, sanding, drilling, crushing, or otherwise disturbing the Material may release hazardous dust or particles;
• the Material should not be used in children’s play areas or locations where hazardous dust exposure could occur;
• the Material should be transported in covered or otherwise secured containers or wrapping to minimize release of debris or dust;
• appropriate personal protective equipment (“PPE”), including respiratory protection and gloves, should be used when handling or altering the Material;
• Recipient is solely responsible for safe transportation, handling, storage, use, display, transfer, and disposal of the Material.

5. Release and Waiver of Claims

To the fullest extent permitted by law, Recipient releases, waives, and forever discharges the State of Washington, WSDOT, and their current and former officers, employees, agents, contractors, and representatives from any and all claims, demands, damages, liabilities, causes of action, losses, costs, or expenses of any kind, whether known or unknown, arising out of or related in any way to:

• the condition of the Material;
• the presence of hazardous substances;
• Recipient’s possession or use of the Material; or
• any exposure, contamination, injury, damage, or loss associated with the Material.

This release includes claims based on negligence but does not include claims arising from gross negligence or willful misconduct to the extent such waiver is prohibited by law.

6. Covenant Not to Sue

Recipient agrees not to file or maintain any claim, lawsuit, administrative action, or other proceeding against the State of Washington or WSDOT arising from or related to the Material.

7. Indemnification

Recipient shall defend, indemnify, and hold harmless the State of Washington, WSDOT, and their officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, penalties, fines, losses, costs, expenses, and attorneys’ fees arising out of or related to:

• Recipient’s acceptance, possession, transportation, storage, handling, use, display, transfer, or disposal of the Material;
• any actual or alleged exposure to hazardous substances associated with the Material; or
• any environmental contamination or regulatory action connected to the Material after transfer to Recipient.

This indemnification obligation includes claims brought by third parties, including family members, visitors, employees, contractors, governmental agencies, or subsequent transferees.

8. Compliance with Laws

Recipient agrees to comply with all applicable federal, state, and local laws and regulations relating to hazardous materials, transportation, handling, storage, disposal, and environmental protection.

9. No Resale or Transfer Without Notice

Recipient agrees not to sell, distribute, or transfer the Material to another party without first:

1. providing written notice that the Material may contain hazardous substances; and

2. obtaining a written assumption of risk, release, and indemnification agreement substantially similar to this Agreement.

10. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Washington. Any legal action arising under this Agreement shall be brought exclusively in a court of competent jurisdiction in the State of Washington.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Material and supersedes all prior discussions or understandings on this subject.