Procedures for Use of a Maintenance Agreement

PROCEDURES FOR USE OF A MAINTENANCE AGREEMENT

There may be situations where a non-industrial user proposes to provide an incremental level of maintenance to that provided by the Ministry on a particular Forest Service road. Examples may include: recreation opportunities, utility companies, commercial operations, or for access to private property.

The Maintenance Agreement is a standard document that can authorize such a user to conduct road maintenance activities on a Forest Service road. The agreement is signed by both parties: the contractor, who must be a legal entity (an individual, company, society etc.), and the DistrictManager, on behalf of the Ministry of Forests, Lands and Natural Resource Operations.

The Schedule “A” lists the routine maintenance activities (grading, brushing, etc.) normally required for providing motor vehicle access. Each maintenance activity gives a general statement as to what should be accomplished. This section of the schedule should not be altered. Proposed works beyond the scope of routine maintenance activities can also be shown on the Schedule “A”, such as the repair of the road subgrade, or replacement of a stream culvert, to specifications provided by the District Manager.

Include the Schedule B only if a deposit is required, otherwise, delete it.

Attach a Certificate of Insurance form, FIN173, to the agreement. This form can be found on the Ministry of Forests, Lands and Natural Resource Operations forms site.

The Maintenance Agreement may include a specific period of time in which the works are to be completed, or preferably set it up annually and re-visit and update it as necessary.

It is suggested the agreement be filed on the Forest Service road project file.

NOTE: If, in the opinion of the District Manager, the works proposed are beyond their ability of the proponent, instead of issuing a works agreement, the works could be directed by ministry staff, with the proponent paying directly for all associated costs such as advertising, equipment and materials.

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FOREST SERVICE ROAD
MAINTENANCE AGREEMENT
For a Non-Industrial User
To Carry out Maintenance Works

File: File Number

Date: Date

BETWEEN:

HER MAJESTY THE QUEEN in right of the Province of B.C.

As represented by the Minister of Forests, Lands and Natural Resource Operations

(“the Ministry”)

AND:

CONTRACTOR

(“the Contractor”)

WHEREAS:

A. The Minister of Forests, Lands and Natural Resource Operations has the authority, pursuant to the Forest Act, to maintain Forest Service roads.

B. During the term of this agreement, the contractor has a non-exclusive right to use the road, and shall not limit the use of the road by others and shall not charge a fee of other users.

C. The parties wish to enter into a contract for certain Works to be carried out on a ForestService road as described below (“the Works”);

ACCORDINGLY, the parties agree as follows:

1. Location

1.01 The Works shall be carried out at the location (“the Location”) described either below or on an attached map.

Describe Location

2. Works

2.01 The Works to be carried out at the Location shall be maintenance works. See Schedule A.

2.02 The Contractor shall carry out the Works in such a manner that the condition of the Location, including (but not necessarily limited to) the road prism, bridges, and culverts shall, during the Term (as hereinafter defined), always remain in a condition equal to or better than the condition of the Location before the Works are commenced.

2.03 The Contractor shall carry out the Works in a manner consistent with Ministry of Forests, Lands and Natural Resource Operationslegislation and regulations in force at the time of the work, and as amended from time to time.

3. Term of the Contract

3.01 The Contractor shall carry out the Works during the following term (“the Term”):

Description of the Term

3.02 Either party, on Insert # of Weeks weeks notice may terminate this contract, and the other party shall have no action against the terminating party for damages arising from the termination.

4. Notice of Commencement and Completion

4.01 The Contractor shall, before commencing the Works, give at least Insert # of days days written notice of its intent to do so to the District Manager, or such other person as the District Manager shall designate in writing.

4.02 The Contractor shall, when the Works are completed or at the end of the term (whichever comes sooner), forthwith notify the District Manager, or such other person as the DistrictManager shall designate in writing.

5. WorkSafe BC Coverage and Safety

5.01 The Contractor agrees, at its own expense, to (a) obtain the necessary WorkSafe BC compensation coverage for itself, all workers and any shareholders, directors, partners, or other individuals employed or engaged in carrying out the Works under this agreement, and (b) ensure its subcontractor(s) obtains WorkSafe BC coverage.

5.02 If the Contractor or its subcontractor(s) are not eligible for WorkSafe BC compensation coverage, then the Contractor agrees to ensure that it or its subcontractor apply for and maintain Personal Optional Protection under the Workers Compensation Act.

5.03 The Contractor shall comply with any reasonable directions from the District Manager (or such other person as the District Manager shall designate in writing) with respect to matters of safety concerning the Works.

6. Indemnities

6.01 The Contractor must indemnify and save harmless the Ministry and it's employees and agents from any losses, claims, damages, actions, causes of action, costs and expenses that the Ministry, our employees or agents may sustain, incur, suffer, or be put to at any time, either before or after this agreement ends, which are based upon, arise out of or occur, directly or indirectly, by reason of, any act or omission by the Contractor or by any of its agents, employees, officers, directors, or subcontractors in providing the Services.

6.02 The Contractor shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain with insurers licensed in British Columbia and in forms and amounts acceptable to the Ministry, Comprehensive General Liability in an amount not less than $2,000,000.00 inclusive per occurrence against bodily injury and property damage. The Ministry is to be added as an additional insured under this policy and the policy will be endorsed to provide the Ministry with thirty days written notice of cancellation or material change. The Contractor has provided a Certificate of Insurance which is attached to this agreement.

7. Ownership of Improvements

7.01 Unless otherwise agreed to before the commencement of the Works, all improvements installed by the Contractor on the Location shall become and shall remain the property of the Ministry.

8. Suspension of the Works

8.01 The District Manager may suspend all or part of the Works for any period of time if the District Manager is reasonably of the view that doing so is necessary to provide for the safety of those carrying out the Works, the safety of those who are or will be travelling on the Location, or the integrity of the Location itself.

Signatures

Contractor NameDistrict Manager
NameDistrict Manager
ContractorDistrict Name District Office

MAINTENANCE AGREEMENT

SCHEDULE A

Attached to Agreement dated Date of Agreement, File File Number

Maintenance works for the Road Name Forest Service Road

Maintenance works as appropriate to be carried out as listed below, or specified as other works

Brushing of the Forest Service road clearing width, with all brush material cuttings being removed from inlets of drainage structures and ditches

Grading of the road surface to restore and maintain the road’s shape, so water is shed off. Grading activity shall not result in removal of surfacing material from the road, or the creation of berms along the shoulders of the road

Snow plowing operations are not to result in the removal of surface material from the road. Plowing shall provide sufficient widening to facilitate the passing of expected vehicle traffic

Cross ditches and water bars to be maintained, or re-established upon completion of operations unless otherwise approved by the District Manager

Drainage system – maintain drainage system so as to be fully functional.
Note: The replacement of any structures such as culverts or bridges require the prior approval of the District Manager

Other Works, As Specified:

Insert Detail of Other Works

MAINTENANCE AGREEMENT

SCHEDULE B

Delete schedule if a deposit is not required

Attached to Agreement dated Date of Agreement, File File Number

1.00Deposit

1.01As security for the Contractor's performance of its obligations under or in respect of this Maintenance Agreement, the Contractor must pay a deposit of $ 0.00 Dollars to the Crown in a form acceptable to the District Manager.

1.02If the Contractor fails to perform its obligations under this Maintenance Agreement, the acts or regulations, or to properly remedy any damage to person or property caused by the Contractor's acts or omissions, the District Manager may take from the deposit referred to in paragraph 1.01.

(a)an amount sufficient to cover all costs incurred by the District Manager in remedying the Contractor's failure to perform its obligations, or

(b)an amount equal to the District Manager's estimate of the costs which the District Manager could reasonably expect to incur in remedying the Contractor's failure to perform its obligations, and

(c)an amount equal to the District Manager's estimate of any losses incurred by the Crown as a result of the Contractor's failure to perform its obligations, and

(d)an amount sufficient to indemnify the Crown for any liability which the Crown might incur as a consequence of an activity or operation referred to in subparagraph (b),

and for such purposes a security included in the deposit may be realized. The District Manager will immediately notify the Contractor of the amount and the purpose for which the District Manager deducted the amount from the deposit.

1.03Within four weeks of the date on which a District Manager gives notice to the Contractor that an amount has been taken from the deposit referred to in paragraph 1.01, the Contractor shall pay to the Crown, in a form acceptable to the District Manager, an amount sufficient to replenish the deposit.

1.04Subject to paragraphs 1.06, 1.07 and 1.08, if

(a)the District Manager, under paragraph 1.02, takes from the deposit an amount equal to the District Manager's estimate of the costs which the District Manager could reasonably expect to incur in remedying the Contractor's failure to perform its obligations, and

(b)the costs incurred by the District Manager in remedying the Contractor's failure to perform its obligations are less than the amount taken from the deposit,

the Crown will as soon as feasible return to the Contractor an amount equal to the difference between the amount taken from the deposit and the costs incurred by the District Manager.

1.05If

(b)the costs incurred by the District Manager in remedying the Contractor's failure to perform its obligations are greater than the amount taken from the deposit;

the District Manager may take from the deposit an additional amount equal to the difference between the costs incurred by the District Manager and the amount originally taken from the deposit, and for that purpose a security included in the deposit may be realized.

1.06If the District Manager, under paragraph 1.02, takes from the deposit an amount equal to the District Manager's estimate of the costs which the District Manager could reasonably expect to incur in remedying the Contractor's failure to perform its obligations, the District Manager is under no obligation to remedy the Contractor's failure.

1.07If

(b)the District Manager does not remedy the Contractor's failure to perform its obligations, and

(c)the District Manager gives a notice to the Contractor indicating that the Crown will not be remedying the Contractor's failure to perform its obligations,

subject to paragraph 1.08, the Crown may retain the amount taken from the deposit under paragraph 1.02.

1.08If, after receiving a notice referred to in paragraph 1.07, the Contractor

(a)remedies the failure to perform its obligations; and

(b)gives a notice to that effect to the District Manager within one month of the date on which the notice referred to in paragraph 1.07 is given to the Contractor, or within such longer period as the District Manager may approve,

the Crown will return to the Contractor an amount equal to the difference between the amount taken from the deposit and any costs incurred by the District Manager in respect of the Contractor's failure to perform its obligations.

1.09The Crown will return to the Contractor the deposit, less deductions made under paragraphs 1.02, and 1.05, when

(a)this Maintenance Agreement terminates, and

(b)the District Manager is satisfied that the Contractor has fulfilled its obligations under or in respect of this Maintenance Agreement.

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