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ITD-2392 9-00 W 27-210800-2 Page 1 of 10 COOPERATIVE AGREEMENT FOR MAINTENANCE OF U.S. HIGHWAY 95 & STATE HIGHWAY 8 THIS AGREEMENT, made and executed in duplicate this 31 sj day of Ma , 20_116_, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereinafter calle the "State," and the CITY OF fv\ 05CDW , hereinafter referred to as the "City." WITNESSETH: I. RECITALS The parties desire to provide for the maintenance of state highway routes within the City as provided in Idaho Code, Section 40-310(5), and to arrange herein for the particular maintenance functions to be performed by the City and those to be performed by the State and to specify the terms and conditions under which such work will be performed. 2. AGREEMENT This agreement shall supersede previous Cooperative Maintenance Agreements. In consideration of the mutual covenants and premises herein contained, it is agreed that the City will perform such maintenance work as is specifically delegated to and the State will perform those particular functions of maintenance delegated to it on the state highway routes or portions thereof as hereinafter described under Sections 13, 1 7, and 17-a hereof or as said sections may be subsequently modified with the written consent of the parties hereto acting by and through their authorized representatives. 3. MAINTENANCE DEFINED Maintenance is defined as follows: a. The preservation and keeping of right-of-way and each type of roadway, structure, and facility in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. b. Provisions as necessary for the safety and convenience of traffic and the upkeep of traffic control devices. c. The general utility services such as roadside planting and vegetation control. d. The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure or facility. e. Upkeep of illumination fixtures on the streets, roads, highways, and bridges, which are required for the safety of persons using the said streets, roads, highways, and bridges. 4. DEGREE OF MAINTENANCE The degree and type of maintenance for each highway or portion thereof shall mean doing the work and furnishing the materials and equipment to maintain the highway facility herein described in a manner as near as practicable to the standard in which they were originally constructed and subsequently improved. ---PAGE BREAK--- ITD-2392 9-00 W Page 2 of 10 5. LEGAL RELATIONS AND RESPONSIBILITIES Nothing in the provisions of this agreement is intended to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of state highways different from the standard of care imposed by law. It is understood and agreed that neither the State, nor any officer, agent, servant, or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City or in connection with any work, authority or jurisdiction delegated to the City under this Agreement for Maintenance. The City, its officers, agents, servants, or employees, shall not be responsible for any damage or liability arising in connection with work to be performed by the State which is not otherwise delegated to the City. 6. HIGHWAY Highway, as used herein, includes the entire right-of-way which is secured or reserved for use in the construction and maintenance of the traveled way and roadsides as hereinafter described. 7. ROADWAY Roadway means the area between the inside face of curbs or the area between the flow lines of paved gutters; otherwise, the entire width within the highway which is improved for vehicular use including improved shoulders and side slopes, if they exist. 8. IMPROVED ROADSIDES Improved roadside is the area between the roadway, as defined under Section 7, and the right-of-way boundary lines, including curb and sidewalk. Curb relates to a timber, concrete, asphalt, or masonry structure separating or otherwise delineating the roadway from the remainder of the highway and shall include paved gutters. Medians that separate the roadways for traffic in opposite directions are considered a part of the improved roadsides. Sidewalk applies to the paved or otherwise improved surface area between the face of curb or edge of roadway and right-of-way boundary, including paved entrances or driveways. 9. UNIMPROVED ROADSIDES Unimproved roadsides relate to the area between the roadway and right-of-way boundary wherein curbs and sidewalks do not exist. 10. BRIDGES Bridges are structures that span more than 20 feet measured between abutments along the centerline of the street and multiple span structures where the individual spans are in excess of 10 feet measured from center to-center of supports along the centerline of the street. All other cross-drainage structures shall be classified as culverts. ---PAGE BREAK--- ITD-2392 9-00 W Page 3 of 10 I I. TRAFFIC CONTROL DEVICES Traffic control devices include all signs, pavement markings, and highway illumination placed on or adjacent to the street or highway for the regulations, guidance, warning and aid of pedestrian and traffic movement thereon. Traffic signals will be treated under a separate agreement. 12. FRONTAGE ROADS Frontage roads are roads constructed on either side of the highway to provide authorized road access to adjacent properties in lieu of access directly from the highway. 13. ROUTINE MAINTENANCE Routine maintenance to be performed on the roadway or roadsides shall consist of such work as patching, spot sealing, crack sealing, snow plowing, snow removal, sanding, care of drainage, upkeep and repair of bridges, culverts, curbs, benches and sidewalks, street sweeping and cleaning, repair of damage and cleaning up after storms and traffic accidents, control of roadside vegetation, care of landscaped areas, planters, trees or other ornamental plantings, and upkeep and operation of traffic control devices, all in the manner as hereinafter specified. a. Roadway Surface Repair: The patching of holes, depressed areas, spot sealing, undersealing, etc. Crack Sealing: The cleaning, filling and sealing of cracks in pavement with sealing compounds. Sweeping and Cleaning: The removal of dirt or litter normally coming onto the roadway from action of traffic or from natural causes, such as flood and storm debris. ( 4) Snow Removal: The removal of snow from the roadway by plowing, sweeping, and hauling and shall include applying sand and/or salt when required. The hauling away of snow need only apply on those highway sections where snow storage is limited or at such times when accumulations become greater than storage area capacity. Utilities: Including manholes, boxes or other appurtenances shall be maintained by their owners. Storm Sewers: Shall be kept clean and free from debris; traps and sumps cleaned as required after each storm. Culverts: Shall be kept clean and free from debris; inlets and outlets shall be kept free of debris and growing grass or brush. b. Bridges Shall be inspected in accordance with the national inspection standards of US. Code, Section 116(d), Title 23, administered by the State. Bridges designed to AASHTO H-20 or better standards must be inspected on a frequency not to exceed two years. Bridges that are posted for restricted weight limits and/or designed to AASHTO HS-15 or less will be inspected on an annual basis. Inspections are to be accomplished by a qualified inspector. The State's district engineer shall be immediately notified of major ---PAGE BREAK--- ITD-2392 9-00 W Page 4 of 10 defects. See current edition of AASHTO Manual for Maintenance Inspection of Bridges for inspector's qualifications, inspection reporting procedures, and structural analysis for load capacity of bridges. c. Improved Roadsides Curbs: Shall be kept in repair by cleaning, patching, lifting, and aligning. Sidewalks: Shall be kept in repair by cleaning, patching, lifting, aligning, and regrading if of gravel or other non-cemented material. Lawn or Grass Areas: Shall be kept mowed, watered, edges trimmed, and the watering operations shall not flood or sprinkle on the roadway. Trees and Plantings: Shall be kept trimmed with dead material removed and hazardous limbs pruned. This agreement shall not be construed as restricting, prohibiting or otherwise relieving tbe City of the responsibility for inspection and upkeep of trees in a manner that will insure maximum safety to botb vehicular and pedestrian traffic or to restrict or relieve tbe City from following the same policy and procedure generally followed by it with respect to streets of the City in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. Benches and Planters: Shall be kept in repair by cleaning, patching, aligning, and painting. d. Unimproved Roadsides Ditchings: Foreslopes, backslopes, and ditches shall be bladed and ditched regularly as required to keep as near as possible to the original typical cross section. Cleaning: Foreslopes and backslopes shall be mowed as required. Trees and shrubs shall be kept trimmed, dead material removed and hazardous limbs pruned, waterways shall be kept free of debris. e. Traffic Control Devices Traffic control devices installed and maintained on the urban extensions of the State Highway System shall be in conformance witb the recommendations and specifications of the current Manual on Uniform Traffic Control Devices for Streets and Highways as approved by the American Association of State Highway and Transportation Officials (AASHTO) and as adopted by tbe Idaho Transportation Department. The maintenance to be performed on these items shall consist of furnishing all necessary labor, material, services, and equipment to install, replace, operate, and/or repair in accordance with this agreement. All traffic control devices installed inside the full control of access limits of tbe Interstate Highway System shall be the responsibility of the State. Route Guide Signing: This includes all official designation guide signs at junctions of tbe urban extensions of the State Highway System, all entering community signs and all U.S. or State Highway System route markers necessary to properly identifY and keep the motorist sure of the routes. ---PAGE BREAK--- ITD-2392 9-00 W Page 5 of 10 Other Guide Signs: This includes all other guide signs of an informational nature identifying streets, city parks, landmarks, and items of geographical or cultural interest that the community desires to sign. Warning Signs: These will include all signs used to indicate conditions that are actually or potentially hazardous to users of the highway or street. Speed Signs: These will include all regulatory signs to indicate speed limits that have been designated in accordance with statutory provisions. Other Regulatory Signs: These will include all regulatory signs, other than the speed sign and lane control sign which are used to indicate the required method of traffic movement or use of the public highway or street. Highwav Lighting: This includes all fixed illumination of the roadway or sidewalks for purposes of providing better visibility of persons, vehicles or roadway features. All highway lighting shall be installed and maintained in accordance with current policies of the State. Maintenance shall include all upkeep of supports, interconnecting service, electrical energy costs, cleaning, lamp renewal, and associated labor and material costs required to maintain the lighting system in continuous nighttime operation. Lane-Line Markings: These will include those lines dividing the roadway between traffic moving in opposite directions, lane-lines separating two or more lanes of traffic moving in the same direction, painted channelization, pavement edge markings, and no passing barrier lines where required. Other Pavement Markings: These include all stop lines, crosswalk lines, parking space limits and word and symbol marking set into or applied upon the pavement surface or curbing or objects within or adjacent to the roadway for the purpose of regulating or warning traffic. 14. ENCROACHMENT PERMITS If the State delegates authority to issue encroachment permits to the City, the authority shall pertain to all parts of the highway or street throughout the particular length indicated under Section 17 and/or 17-a of this agreement. Authority to issue encroachment permits shall not be assigned to the City unless they have adequate ordinances governing the encroachments together with an administrative organization and procedure capable of enforcing the ordinances. Permits shall be issued on a form provided by the State and the City will furnish a copy of each permit to the State. The City agrees to follow current policies of the State regarding encroachment unless the City, by ordinance or other regulation, imposes more restrictive regulations as stated below. Prior approval of the State shall be secured before any permit is issued for the original installation of any utility line, driveway or other permanent encroachment within the highway right-of-way. If the City, by ordinance or other regulation, imposes more restrictive regulations and requirements regarding signs, marquees and/or driveways than above set forth or as provided in current State policies, nothing in these provisions shall be construed to prevent the City from enforcing such restrictive regulations in the granting or refusing of permits with respect to any State Highway. Where authority to issue encroachment permits is retained by the State, all local ordinances which are more restrictive than State policy will be observed. When ---PAGE BREAK--- ITD-2392 9-00 W Page 6 of 10 authority to issue Encroachment permits is retained by the State, approval of the City will be secured prior to the issuance of a permit. State permit forms will be used and a copy will be forwarded to the City for its record. The City or State shall comply with its usual policy with respect to collecting costs from permittees in such cases as fees or charges are made by the City or State for encroachment work on streets or highways. No signs, billboards or structures other than those authorized and installed by the State or the City as necessary for the regulating, warning, and guiding of traffic shall be permitted within or to overhang the right of-way of any State Highway, except in accordance with these provisions: a. Signs or marquees extending over the sidewalk and right-of-way may be installed on a pertain basis in business districts only, subject to the following restrictions: • No sign or marquee shall be permitted to project over the roadway nor to extend beyond a vertical line located 18 inches outside the inside face of the curb. • Signs extending over the sidewalk area shall have no part thereof less than 12 feet above sidewalk or ground level.Marquees extending over the sidewalk area shall have no part thereof less than eight feet above sidewalk or ground level. b. Displays or signs overhanging the right-of-way may be authorized on a permit basis only outside of business districts when the display is placed flat against and supported by the building and providing it does not extend more than 12 inches into the right-of-way. c. All signs and marquees shall conform to the city building and/or sign code excepting that minimum clearance requirements as herein specified must be complied with. They shall at all times be maintained in a good appearing and structurally safe condition. Any existing sign or marquee suspended or projected over any portion of State Highway right-of-way, which constitutes a hazard, shall be immediately repaired or removed. d. Signs or displays will not be permitted which resemble, hide, or because of their color, interfere with the effectiveness of traffic signals and other traffic control devices. Illuminated signs or displays containing red, yellow, or green lights will not be permitted to overhang the right-of-way. e. Temporary municipal decorations may be installed and suspended over the State Highway on a permit basis only. They shall not be permitted in locations that interfere with the visibility and effectiveness of traffic control devices. It is understood that none of the provisions listed above to e. inclusive) will be in conflict the Beautification of Highways Act of 1966, Idaho Code, Section 40, Chapter 28. f. Use of state highway right-of-way for benches, planters, and trees is subject to the following conditions: • Benches, planters, and trees must be at least 18 inches from the face of the curb. When benches, planters, and trees are placed on sidewalks, there must be a four-foot open space for pedestrians and bicyclists measured at a right angle from the edge of the sidewalk, or as an alternative, spacing that meets city-approved standards. ---PAGE BREAK--- ITD-2392 9-00 W Page 7 of 10 • Benches, planters, and trees should not obstruct crosswalks or wheelchair ramps, or force pedestrians into the street by their placement. • Benches, planters, and trees should not be placed so as to impede the sight distance of vehicles using the highway. • Benches, planters, and trees shall not bear markings or signs that resemble official traffic signs. • Cities allowing benches, planters, and trees on state highway right-of-way agree to indemnity, defend regardless of outcome, and hold harmless, lTD from all accidents or occurrences resulting in damage to property, injury, or loss of life related to bench placement on highway right-of-way within the city. 15. TRANSPORTATION PERMITS Transportation permits will be required on State Highways for all vehicles and their loads that exceed legal limitations. If authority to issue transportation permits is delegated to the City, such authority shall pertain only to travel that originates and terminates within the City corporate limits. 15-A. SPECIAL EVENT PERMITS- SEE EXHIBIT- B Special activities and/or events, such as bike races, foot races, and other non-motorized races, parades, etc., that restrict, stop, or otherwise interfere with the normal movement of highway traffic on the State Highway system are not allowed unless permitted by and "Agreement for a Special Event on State Highways" (lTD Administration Policy A-12-02). Event sponsors should be encouraged to hold events on low volume roads and off of State Highways whenever possible. 16. ROUTE DESCRIPTION- SEE EXHIBIT- A Description of Routing On U.S. Highway 95 from South City Limits via Main Street and Washington Street to Brent Drive Northbound Lanes); and on U.S. Highway 95 from Brent Drive via Main Street and Jackson Street to South City Limits (Southbound Lanes). 2. US-95 345.959-346.514 0.445 On U.S. Highway 95 from Brent Drive via Main Street to the North City Limits. Footnotes On State Highway 8 from the West City Limits via State Highway 8 and 3'd Street to a Jet. with U.S. Highway 95 northbound lanes at Washington Street. On State Highway 8 from the Jet. U.S. Highway 95/Washington Street Easterly via State Highway 8 to the East City Limits. \Vhen lTD resources are available lTD to assist city when requested. The city may. by ordinance, place responsibility for the repair and maintenance of sidewalks with the adjacent property owners. Also issue Special Events Permits in accordance with lTD Administrative Policy A-12-02, attached as Exhibit B. ( 4) Interceptor Ditch to be maintained by City. ---PAGE BREAK--- ITD-2392 9-00 W Page 8 of 10 17. DELEGATION OF MAINTENANCE The maintenance work to be performed by the City or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated. ()SEE FOOTNOTES ON PAGE 7 OF 10. MAINTENANCE FUNCTION AGENCY TO PERFORl'\1 WORK ROADWAY Route No.2 Route No . US-95 - - I. Surface Repair STATE STATE STATE STATE 2. Crack Sealing STATE STATE STATE STATE 3. Sweeping and Cleaning CITY STATE CITY CITY 4. Snow Removal CITY STATE CITY CITY(!) 5. Utilities CITY CITY CITY CITY 6. Culverts CITY STATE CITY CITY 7. Storm Sewers CITY CITY CITY CITY BRIDGES I. Main STATE STATE STATE STATE 2. Pedestrian Walks CITY CITY CITY CITY IMPROVED ROADSIDES I. Curbs CITY CITY CITY CITY 2. Sidewalk CITY CITY CITY CITY 3. Lawn or Grass Areas CITY CITY CITY CITY 4. Trees and Planting CITY CITY CITY CITY 5. Medians CITY CITY CITY CITY 6. Benches and Planters CITY CITY CITY CITY UNIMPROVED ROADSIDES I. Ditching CITY STATE N/A CITY 2. Cleaning CITY STATE N/A CITY 3. Weed Eradication CITY CITY CITY CITY TRAFFIC CONTROL DEVICES I. Route Guide Signs STATE STATE STATE STATE 2. Other Guide Signs CITY CITY CITY CITY 3. Warning Signs CITY CITY CITY CITY 4. Speed Signs STATE STATE STATE STATE 5. Other Regulatory Signs CITY CITY CITY CITY 6. Highway Lighting CITY CITY CITY CITY 7. Lane-Line Markings STATE STATE STATE STATE 8. Other Pavement Markings Parking Space Limits CITY CITY CITY CITY Crosswalks CITY CITY CITY CITY Stop Bars CITY CITY CITY CITY School Crossing CITY CITY CITY CITY Railroad Crossing CITY CITY CITY CITY Lane Control CITY CITY CITY ISSUE PERJv!ITS ENCROACHMENTS CITY CITY CITY CITY ISSUE PERMITS TRANSPORTATION STATE STATE STATE STATE ---PAGE BREAK--- ITD-2392 9-00 W Page 9 of 10 17-A. DELEGATION OF MAINTENANCE- FRONTAGE ROADS N/ A The maintenance work to be performed by the City or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated. MAINTENANCE FUNCTION ROADWAY 1. Surface Repair 2. Crack Sealing 3. Sweeping and Cleaning 4. Snow Removal 5. Utilities 6. Culverts 7. Storm Sewers BRIDGES I . Main Structure 2. Pedestrian Walks IMPROVED ROADSIDES 1. Curbs 2. Sidewalk 3. Lawn or Grass Areas 4. Trees and Planting 5. Medians 6. Benches and Planters UNIMPROVED ROADSIDES 1. Ditching 2. Cleaning 3. Weed Eradication TRAFFIC CONTROL DEVICES 1. Route Guide Signs 2. Other Guide Signs 3. Warning Signs 4. Speed Signs 5. Other Regulatory Signs 6. Highway Lighting 7. Lane-Line Markings 8. Other Pavement Markings Parking Space Limits Crosswalks Stop Bars School Crossing Railroad Crossing Lane Control ISSUE PERMITS ENCROACHMENTS ISSUE PERMITS TRANSPORTATION AGENCY TO PERFORM WORK Route No. Route No. Route No. Route No. Route No. ---PAGE BREAK--- ITD-2392 9-00 W Page 10 of 10 18. DELEGATION OF COSTS All agencies shall bear all costs of maintenance obligations assigned to them under this agreement. 19. SUBSEQUENT IMPROVEMENTS When a highway section or portion thereof is improved to urban standards, i.e., 'Nith curbs, sidewalks, etc., the delegation of maintenance shall automatically change to conform to the provisions as provided for similar sections under this agreement. 20. TERl\1 OF AGREEMENT This agreement shall become effective M a 31 I Ob full force and effect until amended or terminated. and shall remain in The agreement as above may be amended upon the mutual consent of the parties thereto. The agreement as above may be terminated at any time upon 30 days' \VTitten notice by either party thereof to the other. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. APPROVAL RECOMMENDED: CITY OF Maintenance Supervisor ATTEST: Secretary IDA/; . 0 IRAN . SPORTATION DEPARTMENT OP,, J ! A 111 f ? & /it:A.!iti)'Em u J ---PAGE BREAK--- li-GUJD - · - · ,ģĤ ffiC 010 -AY f"-L ql 1- T. 40 N. T. 39 N. T.39 N R.S & 6 W.B.M. ) w EXHIBIT A ROUTE • ® • • MOSCOW lATAH COUNTY IDAHO FIElD DATA COI.LECliD SEP., 1979 ---PAGE BREAK--- EXHIBIT - B Idaho Transportation Department Policy and Procedures Special Events on the State Highway System March 31, 2000 ---PAGE BREAK--- Table of Contents CONTACT ADDRESSES POLICY SPECIAL EVENTS DEFINITION.. . . . . . . . . . . . . . . . . . . . . . . . . . SPECIAL EVENTS REQUIRE AGREEMENT . PROHIBITED OR RESTRICTED EVENTS . . GENERAL REQUIREMENTS APPLICATION FOR AGREEMENT SPECIAL EVENT FEES APPEAL PROCESS . District. . Headquarters' Traffic NON-AGREEMENT EVENTS EVENTS PARALLEL OR ADJACENT TO HIGHWAY REFERENCES OF AUTHORITY REFERENCES OF AUTHORITY (Cont'd.) PROCEDURES APPLICATION FOR AGREEMENT. SPECIAL EVENT FEES . Miscellaneous Costs Inspection Fees . . Performance Bond APPEAL PROCESS District... Headquarters' Traffic . INSURANCE RELEASE FROM LIABILITY EXEMPTION FROM REQUIREJ'v!ENL TRAFFIC CONTROL. I of4 . I of4 . I of4 2 of4 . 2 of4 . 2 of4 3 of4 3 of4 3 of4 . . . 3 of4 . . . . 3 of4 . . 3 of4 . 4 of4 1 of5 . 2 of5 . 2 of5 . . . 2 of5 . 2 of5 . 3 of5 3 of5 . 3 of5 . 4 of5 . 4 of5 . 4 of5 . 5 of5 ---PAGE BREAK--- Table of Contents (cont'd) AGREEMENT Sponsor Shall: Prior to completion of Agreement . . Purchase and Maintain Insurance . Purchase and Maintain Insurance (Cont'd. Release the State from Liability . . . . Exemption from Insurance Requirements . File a Traffic Control Plan . Appoint a Liaison Officer . . Department Shall: Prior to completion of Agreement Grant Written Permission SIGNATURE PAGE. HOLD HARMLESS RELEASE . . GENERAL RELEASE. . . . GENERAL RELEASE (Minor) 1 of 7 1 of 7 . . . . 2 of 7 . . . 2 of 7 . 2 of 7 . . . 2 of 7 . . . . 3 of 7 . 3 of 7 . 4 of 7 . 4 of 7 . 5 of 7 . 6 of 7 7 of 7 ---PAGE BREAK--- Idaho Transportation Department Division of Highways 3311 W. State St. , Boise, Idaho Mailing Address: P 0. Box 7 12 9, Boise, Idaho 837 07 -112 9 D istrict 1 D istrict Engineer 600 West Prairie Coeur d'Alene, ID 83815-87 64 D istrict 2 D istrict Engineer P. 0. Box 837 Lewiston, ID 83501-0837 D istrict 3 D istrict Engineer P. 0. Box 802 8 Boise, ID 837 07 -2 02 8 District Offices D istrict 4 D istrict Engineer P. 0. Box 2 -A Shoshone, ID 83352 -082 0 D istrict 5 D istrict Engineer P. 0. Box 47 00 Pocatello, ID 832 05-47 00 D istrict 6 D istrict Engineer P. 0. Box 97 Rigby , ID 83442 -0097 ---PAGE BREAK--- ADMINISTRATIVE POLICY A-12-02 Page 1 of4 SPECIAL EVENTS ON STATE HIGHWAYS Special Events Definition A special event is an activity conducted on, or adjacent to, the State Highway Sy stem where: • The participants intend to proceed or conduct themselves on the highway without comply ing with the direction of traffic control devices or the rules of the road, as set out in Idaho Code; or • Special traffic control may be required, such as flaggers, escort vehicles, special signing, or peace officer supervision and control for the safe movement of highway traffic; or • The closing of a portion of the travelway to the general public may be required; or • The potential exists to interfere with the normal movement of traffic on the highway or create a hazard within the right of way to the participants, traveling public, or the public in general; or • An activity occurs outside the travelway , but occurs within the highway right of way , and involves the use of highway facilities for non-transportation related purposes, and has the potential to slow, disrupt, or interfere with the normal flow of traffic on the highway. Special Events Require Written Agreement The use of the State Highway right of way for a special event may only be authorized by the Idaho Transportation D epartment through the execution of a Special Event Agreement between the department and the event sponsor. Written approval of the Federal Highway Administration shall be required for all events proposed in areas where full control of access exists. Prohibited or Restricted Events on the State Highway System The following events are either prohibited or restricted by Idaho Code. • Motor-powered racing. See Idaho Code, Section 49-142 4, Racing On Public Highways. • Snowmobile tours or races. See Idaho Code, Section 49-669, Snowmobile Operation Limited. • Commercial activities. See Idaho Code, Section 49-660, Stopping, Standing, Or Parking In Specified Places and Section 49-7 09, Pedestrians Soliciting Rides Or Business. • Stopping, standing, parking. See Idaho Code, Section 49-660, Stopping, Standing, Or Parking In Specified Places. ---PAGE BREAK--- Special Events General Requirements ADMINISTRATIVE POLICY A-12-02 Page 2 of 4 • Event Sponsors should hold events on low volume roads and off State highway s whenever possible. • Tour groups that inhibit traffic flow on narrow roadway s and cause increased passing shall use wider routes when available. • Slow-moving caravans shall have a slow moving vehicle emblem on the trailing vehicle and a sign to warn of other vehicles ahead. "Caravan Ahead" or some other legend shall be used. • The trailing bike of a bike tour shall have an orange, pole mounted bike safety flag or a highly visible vest on the rider and the tour group shall not operate under conditions of poor visibility. The following sections ofldaho Code shall be observed: Idaho Code, Section 49-7 17 , Position On Highway (Bicy cles). Idaho Code, Section 49-7 22, Bicy cle Racing. Idaho Code, Section 40-1207 , Traffic Regulations-Posting ofNotices-Penalty , Crossing of bridges with horses, mules or cattle. Application for Agreement Any individual, group, organization, or governmental entity planning to hold an event within the right of way of the State Highway Sy stem must apply for, and obtain, an approved Special Event Agreement from the Idaho Transportation D epartment No Special Event shall commence within the right of way of the State Highway Sy stem prior to all parties having signed and executed the Special Event Agreement Special Event Agreement Fees Application fees are based on the department's cost to produce the agreement and administer the program. The intent is to recover actual department expenses. All cities, counties, school districts and other governmental agencies will be exempted from the Special Event Agreement fees. Special Event fees that are assessed by the Idaho Transportation D epartment do not include fees that may be imposed by other agencies to supervise the safety and traffic control of the special event. The Sponsor shall be responsible for obtaining all approvals, applicable permits, or insurance as required. ---PAGE BREAK--- Appeal Process ADMINISTRATIVE POLICY A-12-02 Page 3 of 4 Any individual, group, organization, or governmental entity that has been denied a Special Event Agreement may , within thirty (30) day s of denial, appeal the decision in writing. The letter of appeal should be submitted to the D istrict at the following address: District Engineer Idaho Transportation Department (See appropriate D istrict office address.) If the appeal is upheld at the D istrict level, the applicant has the right to a final appeal to the Chief Engineer. The letter of appeal should be submitted to: Chief Engineer Idaho Transportation D epartment POBox 7 12 9 Boise ID 837 07 -112 9 Non-Agreement Events on Highways An agreement is not required by the Idaho Transportation D epartment for funeral processions that may cause a traffic delay of 15 minutes or less. Flaggers, law enforcement officers, or escort officers shall be required to control all funeral processions that do not obey stop signs or traffic signals. Events that are Parallel or Adjacent to the Highway Events that are conducted on waters or lands adjacent to the highway carmot be staged from the highway right of way. Vendors at such events are not allowed to use widened areas such as turnouts, overlooks, rest areas, etc., unless an approved Special Event Agreement has been obtained from the department. Congestion and safety of the highway traffic and the parking of participants, vendors, and spectators must be adequately addressed prior to approval of the Special Event Agreement. Si ed DWIGHT M. BOWER Director This policy based on: Date • Sections 40-310, and -1207, 49-201, 202, 208, 660, 669, 709, 717, 722 and 1424, Idaho Code • Decision by the Director Department-wide supervision and coordination assigned to: • Assistant Chief Engineer (Operations) Direction for activity and results assigned to: • Traffic Section, District Engineer, Deputy Attorney General, and the Bureau of Risk Management ---PAGE BREAK--- Department procedures contained in: • Application for Special Events Agreement packet • Traffic manual • Manual on Uniform Traftlc Control Devices Fonner dates of A-12-02: ADMINISTRATIVE POLICY A-12-02 Page 4 of 4 (formerly Director's Memorandum No, 21, dated 8/6/86), and 5/4/95 Cross-reference to related Administrative Policies: • A-01-09, AUTHORITY TO SIGN CONTRACTS, AGREEMENTS, OR GRANTS AND THEIR REGISTRATION • A-05-34, CLOSURES OR RESTRICTED USE OF STATE HIGHWAYS • A-09-08, BICYCLE/PEDESTRIAN FACILITIES • A-20-01, RELEASE OF DEPARTMENT INFORMATION TO THE MEDIA ---PAGE BREAK--- Page 1 of 5 PROCEDURES FOR SPECIAL EVENTS ON STATE HIGHWAYS APPLICATION FOR AGREEMENT All individuals, groups, organizations or governmental entities that are planning to hold an event within the right-of-way of the State Highway System, must apply for and obtain an approved special events agreement from the Idaho Transportation Department. All events must be approved by the Idaho Transportation Department prior to being held on the State Highway System. Any event organizer or sponsor or participant in an event that is held without the Idaho Transportation Department's expressed written approval \Vill be subject to sanctions by law enforcement personnel for violation of Idaho Code 49-202 (23). Applications shall be made through the Traffic Engineer in the appropriate District office of the Idaho Transportation Department. Any event that will be held in more than one Idaho Transportation Department district shall make application for a special event agreement through the State Traffic Engineer at the Headquarters' Traffic office in Boise, Idaho. Prior to submitting a formal application, applicants should obtain in advance maps, plans and documents of the proposed site for the special event to illustrate the site, and indicate the size and type of adjacent public highways, and impact of the special event on the traveling public within the public right-of-way. Applicants should also obtain in advance from the District Traffic office the anticipated traffic volumes and associated types of vehicles that use the route(s) that will be affected by the special event. Interested parties may request a preliminary application conference with appropriate District personnel. Such a conference can be used to review the applicant's preliminary plans and to allow an opportunity to provide comments and recommendations. Comments and recommendations from the preliminary conference shall not be considered fmal approval. Applicants should be advised of Department procedures for special events and be made fully aware of the length, cost, and complexity of this process. This includes, but is not limited to, requirements and costs associated with the application for agreement, liability insurance and traffic control. When issued the special event agreement will be for a specific event by date and time as listed in the agreement and insurance documents. The agreement to use public right-of-way shall be considered void if the special event takes place at a time or place other than what is listed in the special event agreement or insurance documents. A new special event agreement will be required for any special event that does not take place as scheduled. Special event agreements \Vi]] be not be allowed for multiple events unless the specific times and dates of the special events can be listed in the agreement and insurance documents. All special event agreements will be for the current calendar year only; a new agreement will be required for each successive calendar year. Page 2 of5 ---PAGE BREAK--- SPECIAL EVENT FEES Special Event Agreements to use State rights-of-way shall not be processed until all applicable fees are received. Fees for special event agreements are not refundable. The fees for special events shall be as follows: Special Event Agreements: $50.00 (per agreement) Application fees are based on the Department" s cost to produce the agreement and administer the program. The intent is to recover actual Department expenses. All cities, counties, school districts and other governmental agencies will be exempted from the special event agreement fees. Miscellaneous Costs: In addition to the special event agreement fee, the Department may require the actual cost, or an arnolUlt set by the Department, to be paid by the applicant for the following: • Inspection fees when complexity of the event and traffic control setup require inspection for safety. Inspection fees will include travel time, in excess of one hour. The follov.ing provision should also be added to the special event agreement: Inspection special provisions: "The Idaho Transportation Department shall be reirobursed for inspection tiroe, including a loaded payroll rate and vehicle rental cost, subsistence and other expenses incurred". If additional inspections are required, the sponsor will be billed a flat fee as determined by the District at the tiroe the special event agreement is issued. • A performance bond may be required to guarantee damage repair to any structure within the public right-of-way. The bond amount should be large enough to cover costs to correct potential damage that might be caused by the applicant. The District shall ensure that the bond is executed by a surety company authorized to conduct business in Idaho and incorporated into the agreement file before the applicant is issued the special event agreement. When a performance bond is required; an inspection by both the applicant and an Idaho Transportation Department representative shall be required to document the condition of the structure before and after the event takes place. Special Event fees assessed by the Idaho Transportation Department do not include miscellaneous fees that may be imposed by local highway jurisdictions, governmental agencies or law enforcement agencies to supervise the safety and traffic control of the special event. The Sponsor shall be responsible for obtaining approval, any applicable permits or insurance that may be required by all local highway jurisdictions, governmental agencies or law enforcement agencies. ---PAGE BREAK--- Page 3 of 5 APPEAL PROCESS District: When the District initially denies an application for a special event, the applicant should be notified of the denial in writing within 7 working days. The applicant may appeal this denial in writing to the District within thirty (30) days of notification. The District wil have 7 working days to review the appeal. If the District does not overturn their original denial, the appeal along with all related documentation and a letter of explanation for the denial shall be immediately forwarded to the State Traffic Engineer. The State Traffic Engineer will have 7 working days to review the complete appeal package and prepare it for the Chief Engineer's review and signature. If the State Traffic Engin= determines that insufficient documentation was submitted with the appeal, a letter shall be drafted within 7 working days informing the District that the appeal will be placed on hold until additional documentation is supplied. When all documentation is available, the appeal process will continue. Following a review of the appeal by the Chief Engineer, the applicant will be notified as follows: • If the Chief Engineer overturns the denial, the State Traffic Engineer will notifY the applicant within 7 working days by certified mail of the ChiefEngineer's decision to approve the Special Event application. The original application, all accompanying documentation and a copy of the certified letter will be returned to the District or delegated highway agency to finalize the permitting process. • If the Chief Engineer upholds the denial, the State Traffic Engineer will notifY the applicant within 7 working days by certified mail of the Chief Engineer's decision to deny the Special Event application. A copy of the denial letter and the original application along with all accompanying documentation will be returned to the District for their files. Headquarters' Traffic: When the Headquarters' Traffic initially denies an application, the applicant should be notified of the denial in writing within 7 working days. The applicant may appeal this denial in writing to State Traffic Engineer within thirty (30) days of notification. The State Traffic Engineer will have 7 working days to review the appeal. If the State Traffic Engin= does not overturn the original denial, the appeal along with all related documentation and a letter of explanation for the denial shall be immediately forwarded to the Chief Engineer. The Chief Engineer will have 14 working days to review the appeal. Following a review of the appeal by the Chief Engineer, the applicant will be notified as follows: • If the Chief Engineer overturns the denial, the original application, all accompanying documentation, will be returned to the State Traffic Engineer to fmalize the permitting process. The State Traffic Engineer will notify the applicant within 7 working days by certified mail of the Chief Engineer's decision to approve the Special Event application. • If the Chief Engineer upholds the denial, the State Traffic Engineer will notify the applicant within 7 working days by certified mail of the Chief Engineer's decision to deny the Special Event application. The original permit, a copy of the denial letter and all accompanying documentation will be retained by Headquarters' Traffic for their files. ---PAGE BREAK--- Page 4 of5 INSURANCE A certificate of liability insurance from the event Sponsor must be delivered to the Department at least twenty (20) working days in advance of the event date to allow time to review the certificate for any deficiencies or changes. The liability insurance shall include comprehensive general liability and, when deemed necessary, comprehensive automobile liability. The certificate of insurance shall specifically refer to the name, date and type of event as specified in the agreement. The following are specific items that MUST be on the certificate of insurance: The State of Idaho must be named as an additional insured. The preferred wording would be . coverage under this policy provides for the additional insured for all causes of action arising out of the event scheduled Jdate)." A severability of interest clause using wording such as, "The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." In addition to the State of Idaho being named additional insured, the certificate must also state that the Sponsor's insurance is primary and covers all event activities. Suggested wording would be "This policy is intended to be primary to, and not contributory with, any other insurance maintained by or on behalf of the State of Idaho or the Idaho Transportation Department, unless the claim or loss arises out of the sole negligence of the State ofidaho or Idaho Transportation Department." A thirty-day, written, cancellation notification shall be required. If the wording is similar to " will endeavor to inform . it shall be changed to read, "the issuing company shall give written notice by mail 30 days prior to cancellation." The size and scope of the event shall determine the insurance limits the Department requires. A local y sponsored event with entrants mostly from that area does not dictate the same limits required of a nationally or commercially sponsored event attracting participants from out of state. Minimum coverage of not less than $1,000,000 combined single limit is required for all events. For a major event, the District shall contact the Headquarters 'Traffic section or the Bureau of Risk Management for further assistance. RELEASE FROM LIABILITY The event Sponsor(s) must have all participants sign a general release from liability. If the Sponsor does not wish to use an individual general release, a hold-hannless clause mnst be attached to the agreement. Suggested wording for a hold-harmless agreement is, "The Sponsor shall indemnifY, save harmless, and defend, regardless of the outcome, the State of Idaho, and the Idaho Transportation Department against all suits, claims or losses including costs, expenses and attorney fees incurred as a result of any act or omission, neglect or misconduct of the Sponsor or the participants during the event that is the subject of this agreement." Exemptions Insurance Requirements If the all parties to this agreement are agencies of the State of!daho insured through the Department of Administration, Office of lnsurance Management (Risk Management), the sponsoring state agency shall be exempt from the insurance and indemnity requirements of Section I. The exemption shall cease immediately in the event the sponsoring state agency ceases to be insured through the State of Idaho, Department of Administration, Office oflnsurance Management. ---PAGE BREAK--- Page 5 of 5 TRAFFIC CONTROL The Sponsor must submit a traffic control plan for approval at least twenty (20) working days in advance of the event date(s). When law enforcement officers or escort officers are included in the traffic control plan, the officers shall be briefed by the Sponsor on the event operation and an alternate traffic control plan should be developed and submitted to the Department for those times when the officers are not able to assist or are called away by an emergency. Special protection is needed at sites where the existing traffic control devices are placed out of service during the event. The Sponsor shall obtain flaggers that are certified or trained by the American Traffic Safety Services Association (A TSSA) or have been certified by an individual or organization recognized by the Idaho Transportation Department (lTD). All flaggers should be trained for a minimum of four ( 4) hours in the proper flagging procedures. Signing, flagging, and all other traffic control devices (barricades, cones, drums, flagger paddles, safety vests, etc.) where required, shall be installed, operated and maintained in conformance with the Manual on Uniform Traffic Control Devices (Latest Edition), and shall be the responsibility of the Sponsor. When directed by the Department Engineer, signing and traffic control for high volume, high-speed event shall be done by or under the supervision of law enforcement officers certified in or recognized by the State of ldaho. Events that delay traffic longer than 1 5 minutes are required to develop a detour route. The Traffic Control Plan should indicate positive traffic control at the beginaing of the detour, a safe two-way traffic route designed to accommodate commercial truck traffic, and clearly defined turns. Prior to issuance of an agreement, the Traffic Control Plan should be approved by the Idaho Transportation Department and applicable local officials (See local official approval signature line on the Agreement). ---PAGE BREAK--- AGREEMENT FOR A SPECIAL EVENT ON STATE HIGHWAYS Page I of 7 THIS AGREEMENT, made and entered into this day of Ġ (year), by and between the Idaho Transportation Department, hereafter called the "Department," and whose address is: and phone number hereafter called the "Sponsor," and as used herein denotes singular or plural thereof. WHEREAS, the Sponsor proposes to conduct a event called the (parade, bike race, etc.) Located in (Name of event) (County and/orCity) on Milepost to Milepost (Highway name or designation) on the following dal:e(5;)_ and WHEREAS, authority for this Agreement is established by Section 40-310, Idaho Code, and the parties do hereby mutually agree as follows: SECTION I: THE SPONSOR SHALL: Prior to completion of this agreement: Obtain approval from pertinent Law Enforcement Agencies for the specific event and forward the letters of approval to the Department Contact the appropriate District or Headquarters ' Traffic section for further assistance in determining tbe minimum insurance coverage required for all events. Purchase and Maintain Insurance A certificate of liability insurance from the event Sponsor must be delivered to tbe Department at least twenty (20) working days in advance of tbe event date to allow time to review tbe certificate for any deficiencies or changes. The liability insurance shall include comprehensive general liability and, when deemed necessary, comprehensive automobile liability. The certificate of insurance shall specifically refer to this Agreement The insurance company must be authorized to do business in Idaho. The insurance shall cover the following claims that may arise out of, or result from, the Sponsor's operations under the Agreement, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone including event participants, for whose acts any of them may be liable: ---PAGE BREAK--- Page 2 of 7 Claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees. Claims for damages because of bodily injury or death of any person or property damage arising out of ownership, maintenance or use of any motorized vehicle. The insurance shall be wTitten for not less than the following: Comprehensive general liability shall be a combined single limit at $ per occurrence. (A minimum coverage of not less than $1,000,000 combined single limit is required. Higher limits shall be required for large, elaborate events.) Comprehensive automobile liability shall be at a combined single limit for bodily injury and property damage of $ per occurrence. (A minimum coverage of not less than $1,000,000 combined single limit is required. This requirement can be eliminated for events that do not use motorized vehicles.) The State shall be named as an additional insured on the insurance required above and the certificate of insurance shall contain the following: A severability of interest clause using wording such as, "The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." In addition to the State of ldaho being named additional insured, the certificate must also state that the Sponsor's insurance is primary and covers all event activities. Suggested wording would be "This policy is intended to be primary to, and not contributory with, any other insurance maintained by or on behalf of the State of Idaho or the Idaho Transportation Department, unless the claim or loss arises out of the sole negligence of the State of Idaho or Idaho Transportation Department. " A thirty-day, written, cancellation notification shall be required. If the wording is similar to ·Ô . will endeavor to inform . " it shall be changed to read, "the issuing company shall give written notice by mail 30 days prior to cancellation." Release the State from Liability The Sponsor will have all participants sign a general "release from liability" form. If the Sponsor does not wish to use an individual general release form, a hold-harmless clause must be attached to this agreement. All participants, support personnel and media personnel must conform to the rules set forth in Administrative Policy A-12-02, "Special Events on State Highways." Exemptions Insurance Requirements If the all parties to this agreement are agencies of the State of idaho insured through the Department of Admimstration, Office of lnsurance Management (Risk Management), the sponsoring state agency shall be exempt from the insurance and indemnity requirements of Section I. The exemption shall cease immediately in the event the sponsoring state agency ceases to be insured through the State of Idaho, Department of Administration, Office of Insurance Management. File a Traffic Control Plan ---PAGE BREAK--- The Sponsor must submit a traffic control plan to tbe Department for approval at least twenty (20) Page 3 of7 working days in advance of the event date(s). Events that delay traffic longer than 15 minutes are required to develop a detour route. The Traffic Control Plan should indicate positive traffic control at tbe beginning oftbe detour, a safe two-way traffic route designed to accommodate commercial truck traffic, and clearly defined turns in the detour. Signing, flagging, and all traffic control devices where required, shall be installed, operated and maintained in conformance witb tbe latest edition oftbe Manual on Uniform Traffic Control Devices. Traffic control devices (signs, barricades, cones, tubular markers, drums, flagger paddles, etc.) shall be tbe responsibility of the Sponsor. When directed by the District Engineer, signing and traffic control for high volmne, high-speed event sites shall be done by or under the supervision oflaw enforcement officers tbat are certified in or recognized by the State ofldaho. If requested by tbe Department, tbe Sponsor will meet witb cities, law enforcement agencies and tbe Idaho Transportation Department at - on (at least a week prior to the event) for a traffic control briefing. Appoint a "Liaison" Officer Herein name address phone The Liaison Officer shall report regularly to tbe District or tbe Headquarters' Traffic Section, as appropriate, and shall be readily available to ensure clear communication and appropriate coordination between tbe Department and tbe event Sponsor. During tbe course of any special event no set of guidelines can anticipate all situations tbat may arise. If it becomes necessary to adapt tbe Department's requirements to specific problem areas, tbe Sponsor shall attempt to notifY tbe Department immediately and make any necessary modifications witbin the guidelines of tbe Special Events policy and tbe Manual on Uniform Traffic Control Devices. SECTION II: THE DEPARTMENT SHALL: Prior to completion of this agreement: Approve tbe Traffic Control Plan or notifY the Sponsor of any traffic control plan deficiencies as soon as possible. Approve the Insurance policy requirements or notifY tbe Sponsor of any deficiencies as soon as possible. If an event is not approved, tbe Sponsor shall be notified, as soon as possible, so alternate plans can be made. lfthere is reason to believe an illegal (non-approved) event will be held, law enforcement agencies with jurisdiction in tbe area of the special event shall be advised in writing by the Department to document notification. ---PAGE BREAK--- Page 4 of7 Grant Written Permission. Herein signified by completion of tbis agreement, after the Department is satisfied !bat all interested parties are best served. The District Engineer shall approve intra-district events and the Assistant Chief Engineer (Operations) shall approve inter-district events. The Overlegal Pennits Section will be notified by tbe issuing Department of approved events to determine if event vehicles need a Special Permit. Pertinent law enforcement agencies should also be notified of all approved events. In agreement of the afore-mentioned requirements, we, the Sponsor, shall comply. Sponsor: Representing: (Sponsor/ Authorized Representative) Dme: (Phone Number) Notary for Sponsor: (Notary Name) Date: (Conunission Expires) (Address) (Phone Number) Date: (Agreement Signed) Subject to all terms, conditions, and provisions of this agreement or attachments, permission is hereby granted. IDAHO TRANSPORTATION DEPARTMENT (District Engineer) (Asst. Chief Engineer of Operations, if applicable) (Local official, if applicable) Dme: Notary for Department: (Notary Name) (Address) Date: (C ommission Exp ires) Date: Date: (Title) (Phone Number) Date: - (Ag reement S ign ed ) ---PAGE BREAK--- Page 5 of7 HOLD HARMLESS RELEASE proposing to c onduc t an ev ent c alled ( Sponsor) on State Highway s, do hereby indemnifY , sav e harmless, and defend, regardless of the ou tc ome, the State ofldaho, and the Idaho Transportation D epartment against all su its, c laims or losses inc lu ding c osts, expenses and attorn ey fees incu rred as a resu lt of any ac t or omission, neglec t or misc onduc t of the Sponsor or the partic ipants du ring the ev ent that is the su bjec t of this agreement. Sponsor D ate ---PAGE BREAK--- Page 6 of7 GENERAL RELEASE I, (her ein r eferr ed to as "Par ticipant") (Pr int N ame) being of l awful ag e, and in consider ation of par ticipating in the on (N ame of Activity ) (D ate) do her eby r el ease and discharg e the State ofi daho, the Idaho Tr anspor tation D epar tment, and its ag encies, official s, and empl oy ees fr om and ag ainst all l iabil ity to the Par ticipant, his/ her spouse, l eg al r epr esentatives, heir s or next of kin for any and all l oss or damag e, and/ or cl aim, suit or demand on account of injury to the per son or pr oper ty of the Par ticipant or r esul ting in the death of the Par ticipant, ar ising out of, or the r esul t of par ticipation in the above named activity. Par ticipant cer tifi es that he/ she has car efull y r ead the above pr ovi sions, and knows and under stands the c ontents, and sig ns this Gener al Rel ease of his/ her own free act. (Par ticipant) (D ate) ---PAGE BREAK--- GENERAL RELEASE (for a Minor) Page 7 of7 VV e and (Pr int N arn e) (Pr int N arn e) husb and and wife (her ein r eferr ed t o as "Par ent s" ) as p ar ent s (or legal guar dians) of a minor child, (her ein r eferr ed t o as "Minor" ) (Pr int Name) in consider at ion of p art icip at ing in t he on k-c- (N ame of Act ivit y ) (D at e) do her eb y r elease and dischar ge t he St at e of Idaho, t he Idaho Tr ansp ort at ion D ep art ment , and it s agencies, officials and emp loy ees fr om and against all liab ilit y t o t he Minor , his/ her legal r epr esent at ives, heir s or next of kin for any and all loss or damage, and/ or claim, suit or demand on account of injur y t o t he p er son or pr op ert y of t he Minor or r esult ing in t he deat h ofMinor , ari si ng out of or t he r esult of p art icip at ion in t he ab ove named act ivit y. Par ent s agr ee t o indemnify and defend t he St at e ofldaho, t he Idaho Tr ansp or tat ion D ep art ment , a nd it s agencies, officials and emp loy ees fr om and against all claims, demands or suit s t hat t he Minor has or may have, eit her b efor e or aft er he/ she has r eached major it y. Par ent s cert ify t hat t hey have car efully r ead all of t he ab ove pr ovisions, and know and under st and t he cont ent s and sign t his Gener al Release of t heir own fr ee act. (Par ent ) (D at e) (Par ent ) (D at e)