Road Maintenance Agreement Nevada - PDF

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					                                COOPERATIVE
                    ROAD MAINTENANCE AGREEMENT
                                  By and Between
                            Humboldt County, Nevada
                                       and
                      United States Department of the Interior
             Bureau of Land Management - Winnemucca District Office


 I.       Purpose – The purpose of this Cooperative Road Maintenance Agreement
 (“Agreement”) is to provide a process for the maintenance of road(s) belonging to the
 parties above. This Agreement, and Exhibits A and B, attached, set forth the road
 maintenance responsibilities and/or operations for the mutual benefit of the cooperating
 parties.

 II.  Authority – The authority to enter into the Agreement for the Bureau of Land
 Management is contained in 43 USC 1737.

    Whereas, Humboldt County Road Department (“HCRD”) maintains roads in Humboldt
    County that connect to roads maintained by and under the jurisdiction of the Bureau of
    Land Management (“BLM”);

    Whereas, BLM uses roads within the HCRD boundary and those roads are maintained
    by HCRD to connect the BLM Transportation System to a State and/or Federal
    Highway;

    Whereas, HCRD and BLM desire to cooperate by exchanging maintenance and
    equipment, coordinating contracts and performing maintenance on roads within
    the jurisdiction of the other party where it is mutually advantageous to both parties;

    Whereas, HCRD and BLM will work cooperatively, within the limits of their
    funding, to provide the most safe and efficient highway system possible for the public;

    Whereas, highway activities include reconstruction and maintenance work on
    the parties authorized roads as depicted herein. It does not include construction,
    validation or vacation of roads; and

    Whereas, this Agreement will improve efficiency and result in improved road
    conditions and access to private and federal lands.

III. Procedures – Maintenance shall include the preserving and keeping of each roadway,
     road structure (structures being cattle guards, bridges/culverts), road facility, etc., as
     nearly as possible in its existing condition as constructed, or mutually agreed upon, to
     provide satisfactory and safe service to all vehicles using such roadways, road structures
     or road facilities.



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    In the event conditions require extraordinary repairs, removal of unusually extensive
    slides, flooring or similar work outside the scope of normal maintenance, work to be
    performed will be determined by agreement between the parties.

    All materials utilized by each party in the maintenance performed under this Agreement
    shall become the sole property of the party who has jurisdiction.

    Roads where cooperative or joint maintenance will be performed or where maintenance
    and/or equipment will be exchanged will be identified at a joint annual February meeting.
    A written agreement of maintenance and final report of maintenance performed by each
    party will be filed as an annual addendum to this Agreement.

IV. Administration – HCRD and BLM shall discuss specific proposed highway activities
    and/or other related issues at the annual meeting prior to conducting any highway
    activities on the public lands of the United States that has not been heretofore addressed.
    BLM shall, within 30 days of the annual meeting respond in writing with any concerns of
    issues BLM has with respect to any highway activity proposed by HCRD. Should BLM
    desire to prohibit, limit or condition any highway activity proposed by HCRD, BLM shall
    state the reasons for the prohibition, limitation or condition, including any steps or tasks
    to be performed to satisfy BLM’s concerns.

    HCRD shall, within 30 days of the annual meeting respond in writing with any concerns
    HCRD has with respect to any highway activity proposed by BLM. Should HCRD desire
    to prohibit, limit or condition any highway activity proposed by BLM, HCRD shall state
    the reasons for the prohibition, limitation or condition, including any steps or tasks to be
    performed to satisfy HCRD’s concerns.

    Should either party object to the other’s prohibition, limitation or condition, negotiations
    shall be made in an attempt to resolve the issue(s). If a resolution cannot be found at the
    local level, both parties shall elevate the negotiations to each of their next higher
    authorities for resolution. For BLM, the next higher level is the Winnemucca Office
    District Manager. For the HCRD, the next higher level is the Board of County
    Commissioners.

    On issues for which a resolution is pending, no highway activities shall be conducted on
    the public lands of the United States.

    Each party will notify the other of any changes in jurisdiction, standard or abandonment
    of the roads specified herein.

    In emergency situations where potential loss of life is eminent, the parties to this
    Agreement shall work cooperatively to ensure life or property is not lost.

    Nothing in this Agreement shall be considered to limit the right of the BLM to retain full
    jurisdiction and control of the subject roadways, road structures, or road facilities listed in
    Exhibit A.

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Nothing in this Agreement shall be considered to limit the right of HCRD to retain full
jurisdiction and control of the subject roadways, road structures, or road facilities listed in
Exhibit B.

Nothing in this agreement shall be construed as binding BLM or HCRD to perform
beyond their legal authority or to require them to assume or expend any sums in excess of
monies which the parties determine to be available for purposes of this Agreement.

In the event either party decides to terminate this Agreement, each party has the
responsibility pursuant to this Agreement for repair or replacement of all roadways, road
structures and road facilities to their existing condition at the time of this Agreement or to
a standard which the road has been improved after that date.

HCRD and BLM agree to provide each other the opportunity to be a party to contracts
issued for road improvements; such as crushing and stockpiling surfacing materials,
placing surface materials and general maintenance. This will afford each part to the
Agreement opportunity to the benefits and efficiency of larger quantity contracts.

All applicable national policy requirements and administrative management standards as
set forth in the Office of Management and Budget, Financial Management Division,
Directory of Policy Requirements and Administrative Standards for Federal Aid
Programs are hereby incorporated by reference.

This Agreement shall become effective on the date written below, and shall remain
in effect for a period of twenty years, unless terminated as follows: (1) operation of law;
(2) mutual consent; (3) by BLM giving HCRD one hundred eighty (180) days prior
written notice; or by (4) HCRD giving BLM one hundred eighty days prior written
notice. Such written notice pursuant to subsections (3) and (4) above shall be made by
one of the following means: i) personal delivery to the party to be notified; (ii) sent by
confirmed electronic facsimile, and sent during the normal business hours of the recipient;
or (iii) sent by registered or certified mail, return receipt requested, postage prepaid.

This Agreement may be renewed by mutual written agreements of all parties to this
Agreement.

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BLM and HCRD will meet annually, in February, to review and revise, as needed, where
maintenance and equipment will be exchanged and arrive at maintenance costs for the
projection of work to be performed for that upcoming year.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
_________ day of ______________________ 2010.

BLM
Winnemucca District Office


_______________________________
District Manager

BOARD OF COMMISSIONERS OF HUMBOLDT
COUNTY

By: _____________________________________
    CHUCK GIORDANO, Chair

Attest:

________________________________________
TAMI RAE SPERO, County Clerk and
Ex-Officio Clerk of the Board of Commissioners
of Humboldt County, Nevada




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                             Exhibit A
                   ROAD MAINTENANCE AGREEMENT

BLM and HCRD, in accordance with the terms and conditions contained in the Agreement
above, hereby agree to cooperate on road maintenance activities for the mutual benefit or
betterment of the agencies or agencies programs.

Road Name and Number:
BLM 2003 – Little Owyhee Road

Maintenance Plan Definitions:
Functional Classification – Collector/Arterial Roads – Collector/arterial BLM roads
normally provide primary access to large blocks of land and connect with or are
extensions of a public road system. They accommodate mixed traffic and serve many
uses. They generally receive the highest volume of traffic of all roads in the BLM road
system. User cost, safety, comfort, and travel time are primary road management
considerations. Collector roads usually require application of the highest standards used
by the BLM.

General BLM road standards, which apply to all BLM and non-BLM initiated road
construction – include: design speeds, traveled way widths and maximum grades for
various combinations of average daily traffic (ADT), functional classification and terrain
types. Loading: H-20 as specified by AASHTO. Designed roads with heavier loadings
may be used if they are compatible with adjacent roads affected by overweight traffic
generated on BLM controlled roads. Structure widths: minimum curb to curb of 14
feet for single lane, 24 feet for double lane. Overhead vertical clearance – minimum 16
feet from traveled way elevation.

Maintenance Level 4 – Used on roads that are generally kept open year round or high-
use seasonal roads and have high concern for driver safety and convenience. Roads are
typically medium volume, single or double lane widths, high standard native or aggregate
surface. Typical of this would be a “local” road which serves as an artery to other road
networks (county, state and federal). Level 4 roads serve medium to high use recreation
areas and resource development areas with typically higher volume of commercial and
recreational traffic than administrative traffic. Minimum width: 24 feet with 10’
shoulders, depending on functional classification and whether turnouts are needed. Road
widths may include roadside ditches, lead-off ditches or culverts. Backslopes may be
devoid of vegetation, however vegetation may have grown back between maintenance
periods. Vegetation and backslopes may be laid back for sight distance/safety issues.
They are maintained on a scheduled basis, having a greater concern for driver safety and
convenience. Problems are repaired as soon as discovered.

Specific to Little Owyhee Road – Arterial/Collector Road, Level 4:
Noxious weeds are present and have been treated on this road. All equipment utilized
during maintenance must be pressure washed prior to maintenance being performed to
prevent the spread and introduction of noxious weeds.

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No snow plowing will be performed on this road.

When road is scarified, aggregate surfacing will be windrowed and conserved; and
incorporated into final surface blading.

Routine blading will not remove aggregate surfacing from the roadway or place
aggregate in the ditches.

Backslopes will not be bladed during HCRD maintenance periods.

Roadside ditches may be cleaned. Lead-off ditches will be bladed, if obstructed.

Road prism will not be compromised with surface blading. Rolling dips will not be
backfilled.

Culverts are newly replaced and will be checked and cleaned yearly, if necessary.

Road width will be 24 foot maximum with existing turnouts.

Benefits and/or Compensation:
HCRD will ensure continued safe driving for its constituents who utilize Little Owyhee
Road for commercial use. HCRD may collect fees or tangible benefits (water/aggregate)
from these constituents to be utilized during its maintenance period.

Road maintenance will be performed by HCRD every year, beginning in 2010.

Road Maintenance Checklist in lieu of NEPA Analysis
A checklist is on file in the BLM Winnemucca District Office Engineering files. No
further NEPA analysis is required when specific maintenance requirements listed above
are performed on the existing roadway.




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                                     Exhibit B
                           ROAD MAINTENANCE AGREEMENT

BLM and HCRD, in accordance with the terms and conditions contained in the Agreement above,
hereby agree to cooperate on road maintenance activities for the mutual benefit or betterment of the
agencies or agencies programs.

Road Name and Number:
HC-200 – Soldier Meadows Road

Maintenance Plan Definitions:
Functional Classifications – Rural/Local Minor Roads – Type “C” and/or “D” roads normally
provide access to large blocks of land and are part of the public road system. They accommodate
mixed traffic and serve many uses. User cost, safety, comfort, and travel are the primary road
management considerations.

Humboldt County Road Standards, which apply to all Humboldt County Road Construction
include: design speeds, traveled way widths and maximum grades for various combinations of
average daily traffic (ADT), functional classification and terrain type. Loading: H-20 as
specified by AASHTO. Designed roads with heavier loadings may be used if they are
compatible with adjacent roads affected by overweight traffic generated by network roads.
Structure widths: Minimum width 24 feet. Overhead Vertical Clearance: Minimum 14 feet from
the traveled way elevation.

Maintenance Level: Used roads are generally kept open year round and have a high concern for
driver safety and convenience. Roads are typically low-medium volume double lane widths,
high standard native or aggregate surface. Typical of this would be rural/local minor County
roads which serves other road networks (city, state and federal). Minimum Road Width: 24 feet
with 10 foot shoulders. Road widths may include roadside ditches, lead-off ditches or culverts.
Back slopes may be devoid of vegetation; however vegetation may have grown back between
maintenance cycles. Maintenance Cycle: Minimum annually on a scheduled basis to include
road grading, drainage maintenance and sign repair/installation or as needed. Vegetation and
back slopes may be laid back for sight distance/safety issues. As problems are discovered they
will be prioritized and addressed in an orderly manner.

Specific to Solider Meadows Road – Rural/Local Minor Road:
Noxious weeds are present and have been treated on this road. All equipment utilized during
maintenance must be pressure washed prior to maintenance being performed to prevent the
spread and introduction of noxious weeds.

No snow plowing will be performed on this road.

When road is scarified, aggregate surfacing will be windrowed and conserved; and incorporated
into final surface blading.




                                            Page 7 of 8
Routine blading will not remove aggregate surfacing from the roadway or place aggregate in the
ditches.

Back slopes will not be bladed during county maintenance periods.

Roadside ditches may not be cleaned. Lead-off ditches will be bladed, if obstructed.

Road prism will not be compromised with surface blading. Rolling dips will not be backfilled.

Culverts are newly replaced and will be checked and cleaned yearly, if necessary.

Road width will be 24 foot maximum with existing turnouts.

Road is adjacent to Black Rock Desert National Conservation Area (“NCA”), maintenance is
confined to the Road Footprint.

Benefits and/or Compensation:
BLM will ensure continued safe driving for its constituents who utilize Solider Meadows Road
for commercial use. BLM may collect fees or tangible benefits (water/aggregate) from these
constituents to be utilized during their maintenance period.

Road maintenance will be performed by BLM every year, beginning in 2010.

Road Maintenance Checklist in lieu of NEPA Analysis
A checklist is on file in the BLM Winnemucca District Office Engineering files. No further NEPA
analysis is required when specific maintenance requirements listed above are performed on the
existing roadway.




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