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
Forest Service 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
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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 Operations legislation 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
District Manager shall designate in writing.
5. Safety
5.01 The Contractor shall ensure that all Workers Compensation Board safety requirements with
respect to road construction and maintenance are followed during the Term.
5.02 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
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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 Name
Name
Contractor
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District Manager
District Manager
District Name District Office
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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
1. Brushing of the Forest Service road clearing width, with all brush material cuttings being
removed from inlets of drainage structures and ditches
2. 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
3. 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
4. Cross ditches and water bars to be maintained, or re-established upon completion of
operations unless otherwise approved by the District Manager
5. 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
6. Other Works, As Specified:
Insert Detail of Other Works
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MAINTENANCE AGREEMENT
SCHEDULE B
Attached to Agreement dated Date of Agreement, File File Number
1.00
Deposit
1.01
As 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.
1.02
If 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.
1.03
Within 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.
1.04
Subject 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,
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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.
1.05
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 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.
1.06
If 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.
1.07
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,
(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.
1.08
If, 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.
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1.09
The 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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