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HomeMy WebLinkAbout2000-08-14 00-315 ORDERItem N%0o-ala Date: 8 - 14 - 00 item/Subjech ORDER, Authorizing the City Manager to Execute a Management Agreement for Park Woods Responsible Department: Health & Welfare Commenmry: The purpose of this contract is to renew the City's contact with the Bangor Housing Authority to manage Park Woods. The major change from the previous contract, which has expired, is that the Contract is ongoing until one of the parties decides to terminate it. Department Head Manager's Comments: rv.. W;..0ou,.,.,L:.,. iae.tyyw.wd'O,e�nycomnwrv$.� City Manager Associated Information: Q W4,x% Budget Approval: Bnance Director Legal Approval: city Solicitor Intrpduced for Passage _ First Reading Page_ of_ Referral - Assipedto Councilor Palmer AuPase 14,2000 �~ CITY OF BANGOR (TITLE.) Order, AyMprizing this Qry Manager W Execute a Management Agreement for Park Woods. ORDERED, THAT The City Manager is hereby authorized, on behalf of the City of Bangor, to execute acontract with the Bangor Housing Authority to manage Park Woods.. A copy of the proposed contract is attached hereto and shall be in a final form approve] by the City Solicitor or Assistant City Solicitor. I9 cin WO I1 August Id. 2000 Motion for Passage we and Seconded Passed 00-315 ORDER jrd%,"thoriafag the city Manager to kteeuge a manogeoent Agreemeor for Park goodg¢ AsdeI dRb fru y �nG " cwdwP -0i�dclG.( e Assigneduccoiseilor Palser Angnst 14,2000 CITY OF BANGOR (TIRE.) Order, Authorizing the City Managart o Execute a Management Agreement for Park Woods. By fhe City Courx# of the Ory ofaw igor. ORDEREDr THAT The City Manager is hereby authorized, on behalf of the City of Bangor, to ezecnte a convect with the Bangor Housing Authority w manage Park Woods. A copy of the proposed contract is aborted hereto and shall be no a final form approved by the City Solicitor or Assistanot City Solicitor. r le Uw caOWcn. August 14, 2000 Passed A Tcue Attest! MANAGEMENT AGREEMENT PARE WOODS This MANAGEMENT AGREEMENf, axecumd in duplicate this;this;ISI+Nday of September, 2000, by and betwxu: CITY OF BANGOR, a municipal co:pmmion organized and assisting under the laws of lie State of Maine, and having its principal offices at 73 Marlow Street, Bengon Maine (herei:after sometimes referred to as and - BANGOR HOUSING AUTHORITY, a quasi -municipal corporation_ organized and w:isOnguMertlseiawa of die Stem of Maine, and having a place of busineas in Bangor, County of Penobscot, State of Maine, (hereinafier sometimes referrN to a$ "AGENT"). WITNESSETH' L GENERAL PROVISIONS 1. AGENCY CREATED: The CITY hereby employs the AGENT as management agent for the property known and described as Park Woods consisting of sixty (60) apartments n sixteen (16) apartment buildings with twenty (20) attached and ten (1O) demeded Wages and grounds of approximately 12.35 acres located at the intersection of Union Street and Griffin Road in the City of Bangor furMer described by Exhibit A arached hereto and lncotporated herein by reference and hereafter referred to as^PROPERTY". 2. EXANDRATION OF PROPERTY: The AGENT agrees that the contract price specified herein is based on the AGENT'S enemination ofthe site and thsr AGENT will :hake no claim for, nor will AGENT be entitled to any, additional compensation if t:c conditions encountered ager submission of AGENT's final proposal or bid to the CITY differ from tense disclosed by such examination. 3. CTfY REPRESENTATIVE: The CITY represenmfive for this MANAGEMENT AGREEI"UENT is: Mary -Anne Clulila (hereinafter "CITY REPRESENTAMIT') who can be resched e(207) 9414257, Department ofHealth & Welfare, 103 Texas Avenue, Bangor, Maine 04401. This person is responsible fm certifying sarisfatory perF awe for payme:s to AGENT under the forms of this MANAGEMENT AGREPI MNT (herei:after "AGREENICNT"), providing answers to questions of a technical nature and famishing access to housing aeras during to perfommnc , period ofthis AGREEMENT. The Cf1Y reserves the right to designate others m CITY REPRESENTATIVE by written notification to AGENT. 4. " SCOPE OF SERVICES: A. Vic AGENT accepts the appointment m manage and maintain the PROPERTY in secondaries with the more and conditioos ad out in this AGREEMENT. The CITY and AGENT shall mutually determine operational policies for toent sof Se PROPERTY. The AGENT arras id ram out, execute and implement such policies as S%relate to all mattes et limited W management of Ne PROPERTY, as mutually agree4 including but net limited [decors, operating procaiura and public relmiom. B. The AGENT shall famish such personnel, supplies, tools, perk, o-msportatian, e tuipmml, supervisioa and admWstrmion, as resmnably naessary, to menage and service Ne PROPERTY. - C. The AGENT shall perform all Wks and do all Sings as required for the proper —----rnarwgmwn4 pkeep and operation of Se PROPERTY as would Customarily be performed by management agents of similar property in this general a except for Ne placement of tenants, and subject S any limitations set fmS in this AGREEMENT. D. The AGENT shall promptly notify the CITY of any unusual mndidons which may develop in the worse of the operation of Se PROPBRTY, including, but not limited m, fire, flood, breakage, then, casualty or damage ofanykind. D. TERM OF AGREEMENT: TERMR4AITON 5. TERM: This AGREEMENT shall take effect on Se date of exmudon and shall remain in effect unto um isamd by either party upon sixty (60) days written undine. 6. FERMESATION FOR THE CONVENIENCE OF TTTE CTTY: NotwiNstanding Paragraph 5 above, Se CITY may terminate Sis AGREEMENT in whole or in part for its eonvemence by written nonce m the AGENT. In such event, Se CITY will pay the AGENT ha actual, necessary, reamnable and verifiable cosm for cenrwnting performance, which shall include that portion of the contact work which has ban satisfactorily completed for which payment has not been made. In no event shall the CITY he liable for cancellation clmrges in excess of Ne connect amount provided in Paragraph 8 below. _ J. TERMNIATION FOR DEFAULT: NmwMatanding Pmagraphs 5 and 6 above, the CITY may laminate this AGREEb1II1T in Se event Se AGENT fails m cure my material default under We terms of this AGREEMENT, within thirty, (30) days aper receipt of written mace from Se City, specifying such deSuh. S We event of termination fm such default and failure to Was, no compensation shall be paid to We AGENT beyond the daleofrermimtiw. ID COMPENSATION S. CONTRACT AMOUNT: For fall and complere penshtmana of AGENT's obligations hereunder, CITY agrees m pay AGENT the annual sum of TWENTY-TWO THOUSAND FM HIINDIlED DOLLARS ($4500.00), payable m equal monthly paymems during Me term ofthis AGREEhdENT, payable by Me 15th of eulr month. 9. PAYMENTS TO AGENT: Notwithstanding Ne provisions of Paragraph 8, Me CITY hadaye; the right he withhold my monthly payment due herewdw for wsatisfactary performance work Mat has nM been connected or remedied in a timely matter after notification by CITY to AGENT; and'm withhold my monthly payment until AGENT provides satisfactory, evidence Nat Me work has been completed, that all suppliers or coaamtom have been paid, and Maz AGENT has provided mry necessary lam waivers from suppliers or encumbers indicating that all such payments base been Mlty paid and dischmged. I' II : a a : uIIAYYDRIi.� 10. AGENT'S EMPWW": The AGENT shell employ, supervise, discharge and pay employees_asrequird for the efficient managwnent of Me PROPERTY All employees so employed shat be employees of Me AGENT, The AGENT shall hire, and supervise, as it own employees, all the personnel employed in Me opaabon and maintenance of the PROPERTY and the AGENT shell, pursuant to this AGREEMENT, determine the umber, qualifications and Mothers of the employees. The AGENT shall require stat Me employees, az all times while an duty at the PROPERTY, be thm ed to present a neat and clean appearance. The AGENT shall use reasonable ore to employ and remix employees who are qualified, compbent and trustworthy. I]. STIPERVTSION: The CITY or CITY REPRESENTATNE shall had exercise my supervision or eonaol over Me AGE 's employees perf ing services harbor this AGREEMENT. Such amplayass shall be accountable, solely to the AGENT, who in mm is responsible m Me CITY. This paragraph in no way limits Police, but, Code Enfomemmn, or other Cf TY personnel in Me performance of their official responsibilities wrier applicable Federal, Ships or local laws and moldiness. 12. ASSIGNMENT AND SDECONTRACTS: The AGENT shall sot assign, sublet or mbcomract with other par areas or firms for Me pedomano Of my portion of this AGREEMENT, or conduct for my thervice under this AGREE Fpp, or assign AGENT's interest in this AGREEMENT, without the prior winters permission of Me CITY. Me AGENT shall remain fully responsible to the CITY fon Me acts and missions of AGENT's subcontractors and of permit shier directly or alMi:setly employed by any mlumn[duc[or, m the same extevt Man Me AGENT is for Me acts and omissions of himself and of pe sums directly employed by Firs. il. WRNMTION AND ACCEPTANCE: A. The services to be performed by Use AGENT during Me ACEtEEMENT period will, m all times and places, be subject inspection by Me. CITY. B. The CITY, Mavalh its officers, employeey continuum and oMer mthonsed representatives, shall have bee and unobstructed access, at all times and places, to the PROPERTY for purposes of reasonable anspec[io. C. The AGENT shall desipateto CITY, in writing, a local representative who ism have the authority to act on behalf of the AGEIJT to Mcive raiders of defines cies from the Crl'Y, and to lake appropriate remedial action. D. The CITY P.EPRESEMATNE shall act as coordinator between the AGENT and the CITY, will itupmt for AGENT's compliance with this AGREEIvQ:NT, and will receive and process all invoices for services provided under the terms of this AGREEtrd'NT. 14, BOOKS,RECORDSANDSTATEIVEEM9: A. The AGSM shall keep, in accordance with generally Mospined accounting proconures and principles, such books of account and records as will properly reflect all disbursements made in connection with the Operation and mavrtenance of the PROPERTY. The records maintained by the AGENT shall include, —without -Narration, all daily report, vouchers, receipts, invoices, bills, agreements, checks, cancelled checks, check slobs and all other books, records, papers and dcoumecs relevant to the management and operation of the PROPERTY; and the records so maintained shall be held, and shall net be destroyed Or disposed of by AGENT or c AGIM's direction. Such Snake and records shall he kept at the main office of the AGENT and shall be open, for inspection at all reasonable times by the CITY Or its agents or their represenmtives. Disbursement for all AGENT expenses must be supported by vouchers, receipt or other reasonable reawrds. B. On or before the 15th day of the month during each month of the term haed and continuing through cad including the 15th day of the month following the termimitiw thereof, the AGENT shall provide m the CITY a complete operating smmnand and accourning of all receipts and disbursement for rhe preceding mach, and upon refusal of Me CITY, provide a duplicate ropy of all deposit to the GTY deposit account within sewn (7) calendar days of such request. All outstanding and unpaid operating expenses must be separately listed and detailed. The AGENT shall then by the 15th day of each mouth provide the CITY a wrinen report of any and all shortfalls in anticipated revenue during the previous month. C. The AGSM shall include in its mcnthly stearevls a comparison of acral operating figures with budge) operation figures as set forth in the Coupling Budget. D. Nhunever requested by the CITY, the AGB shall provide and certify, at the AGENT's expense, such botheration wnceming the PROPERTY, the AGSM, its f ntices and business effats as the CITY reasonably considers necessary to enable the CITY m keep indersoM of rhe financial condition and airy other matters pertaining m the AGSM or the PROPERTY, m unable Counsel to the CI]V to reader opinions and Otherwise advise the CITY, and to enable the CITY to make any reports respired by applicable law. E. The CITY may, at m ewe expense, came the books and sccounN for the PROPERTY and its appendices; or be sublet! annually. AGENT shall cooperate filly and completely with arty such audit, Including but not limited to, providing any documentation Or other records to Ne auditor at the auditor's or ='a request. F. Promptly upon expiration or termination of this AGREEMENT, AGENT shall surrender to be CTTY fm the CITY'S use all hooka of account and records rehired to be maintained undo this -paragraph, provided that AGENT may repair copies of all snob reomis as necessary to preserve a record of AGENT's perfomtance under Nis AGREEf+ONT. G. It is understood pkat individual tenants of Park Woods MOY be clients Of Ne CM's general assistance program. AGENT therefore will take all reasonable steps to preserve the confidentidity of Individual tenant files pursuant b 22 MRSA § 4306, and to prevent dissemination of Infarmation co mains individual common to etre general public, except as SmInobed by the Sonar mond. It is fuller understood that, except as provided In 22 MRSA § 4306, all records required to be mamenel under this AGR[dElvfENT are public records as provided] in Maine's Freedom of Access secure, 1 ]v[RSA § 402% and are subject to public disclosure as provided in 60 strums. V IXASES, ANTS AND SECURITY DEPOSTTS 15. LEASES: The AGENT shall not be responsible for attmetinti or retching tewms for Ne PROPERTY, or for negotir rlt the terms of individual cannot leases. AGENT shall complete, and obtain the wwms' signatures on all leases, using be CITY'S lease form, when informed by the CITY REPRESENFATPM Or designee then an applicant has been selected as a Park Woods tenant. AGENT And execute all such leasee on the C1TY's behalf as rental agent. On request from the CITY REPRESENTATNE or designee, AGENT, by its employees, shall show cosem rental units to prospective tetwrts. AGENT shall renin we xt of keys to all Park Woods units for this purpox, and for the purpose of necessary maintenance r%vltins and emergency access. AGENT's access to occupied units at Pah Woods shall be in accordance with lie tenants' writlev lease. Except on an emergency basis, be CITY shall nor edmit any prospective tenant to a vacant unit unless a written (ease Ines fist been executed by be team fm Nat unit an provided in this paragraph. - The CITY shall inform AGENT of MY emerge6cy admissions within we business daythemader. AGENF shall rot show, lease or lum any Park Woods wit without pe:misaion Of the CITY REPRESEN'fATFV E Or her designee. 16. COLLECTION OF RENT'S AND ACCODNT sG: A. Coll�epdo ,l, The AGENT shall collect Inc rams, lease payments and othw income of Ne property permpdy when such amounts become due, taking all necmsary steps N collect the same and performing all reasonable acts on behalf of be CEN for be Invention of CITY in the collection of such amomms. The AGENT shall cnlleoc (p Reals from the individual occupants of frsy-four (44) units operates by Me CET's Departr sem of Health and Welf. The buildings W be used by the CITY's Department of Health and Welfare are apeMined badkp designated as 1203,1206,1211,1213,1214, 1268, 1354,1355, 1358,1364, 1367, and 1370; and the detached garages designated 1207, 1310,1212 and 1214, on Exhibit A and Exhibit G. Due dates for rent from these 44 units will be as provided in individual recon leases. ne CPIY's Deparment of Health and Welfre shall he responsible for selmtmg teats Mr these units, and shall intens AGENT of tenant changes and rent amounts w be paid by each tenant. (2) The lease payment due the CITY farm Acadia under the terms of an Indenture of Lease entered into between rhe CITY and Acadia for eight (8) uohs loested in apammem buildings designated as 1216 and 217; and Me delachd garages designated 1215 and 218, on Exhibit A and Exhibit G. ne counter person for this agency is: Lyra Madden, Vice President Acadia Hospital Cmpomfion 268 Sfillwffier Avenue P.O.Box422 Bangor, Maine 04402-0422 (2077) 973-6100 Acadia will be responsible for rhe placement of tenants and collection of rents from individual tenants occupying these units. (3) The lease payment due the CITY groin Community Health and Counseling Services under the lunars of an Indenture of Lease entered into between the CITY and blue Community Health and Counseling Services for the building containing four (4) individual units leased by that agency from bhs CITY designated 1361 on Exhibit and Exhibit G. The sontacfpersen for this agency is: Keny Smk Community Health &Counseling Services 42 Cedar Strew Bangor, Maine M401 (207)947-0366 - (4) AM other lease or rent payment due the CITY related to the PROPERTY during Me noun ofihis AGREEMENT. B. Dmosf: All rents and older revenues received by the AGENT from the operation of the PROPERTY shall be deposited into a bank account designated by the CITY and may be withdrawn therefrom only by to CITY is its sole discretion. The CITY shall timely advise the AGENT of Me location and accountnumberforthuaccount, mYchangesineame. Theacwuntwiibem the name of, srW solely for the benefit of, the CITY. All revenues of the PROPERTY will be deposited daily, or in Me event my day is not a banking day On the near succeeding banking day, all cash received by the AGENT in the Operation of the PROPERTY. At no time shall AGENT have cash on hand relaW to the PROPERTY erceeding the sum of One TOcusand Dollars ($1,000.00). The AGENT shall arrange to make regular and night or weekend deposits, sob W count, ro the credit of o each s. The AGENT shall fde with the CITYy a smmwtent of [he amount of each such deposit. All some; roacived from any source comtimlmg rental revenue, including security deposits and any other sums received from Lessees or tiemote for the payment of say part of Me cost of reparing, maintaining or operarating the Property, shall be similarly deposited. AGENT expressly agrces and aclmowledges than OR such sums, monies, rents, deposits or other revmne collemed or received by AGENT shall at all times be and remain the property of the GTY, and the same small trot be used, applied or harrowed by AGENT in any manner for Me personal benefit use or credit of AGENT or AGI N 's employees, nor shall the same be deemed, by virtue of this AGREEMENT, m be subject in any roamer to any claims, actions m anschments by AGENT's creditors or Creditms OfAGENT's employees. 17. ENFORC hWP'f OF LEASE TERMS: AGENT shall prompllY report W Me CITY REPRESENTATIVE or m a committee W be designated for this purpose by Me Bangor City Manager all cases in which an individual tender is more than fourteen (14) days w doeseas under the tenant's written lease, or has odterwue substantially breeched then written lease. The CTTY REPRESENfAT1VE or cemmiree shall promptly review, each matter so repented net shall direct the initiation of eviction proceedings or other legal anion when appropriam. AGENT shall mist Me CrtY's attorney in prOSaXod vg all such legal proceedings and shall be available to testify in court for this purpose. AGENT And prepare and serve or cause W be served On such mnems all hereon of defmclt, notices of lease tornmation, and all other notices not requiring action by m attorney. In Me event court action resuhs in issuance of a writ of possession in favor of the CITY, AGENT shall arrange for service of the writ on Me tenant and shall periodically inspect Me Wmnt's unit to detmuine if the tenant hes left. Following deposition of any levan! upon expharon or tmhination of a leas% or pursuant W a writ Of possession Or other court notion, AGENT shall promptly inventory and store all property abandoned by the tenam, giving all required notices, as provided in 14 IvIRSA §6013 and 33 MRSA § 1818. AGENT shall have no authority to compromise, waive Or abate rents now Under an individual idiot lease, nor W waive default in other cases of substantial breach of lease by a tenant All proposals to compromise, waiva, abate or schedule payment of delitpuent rent& or W waive other substantial lessee defaults, stall be refected to the CITY REPRESENTATIVE for Ona! action. 18. SHELTER PLUS CARE PROGRAM: (Deleted) 19. RENT SECURITY DEPOMS: Any ant security deposits requhed by the CRY shell be kept fa a separate account mainlined by due AGENT as required by 14I A § 6031, at seq., a the same may be amended from time ro time. Said account shall be set up and operated in donforuumce wind %e provisions of Paragraph 168 above. The CITY shall be responsible for the return of security deposits to appropriate persons or entities upon receipt of wraaea docummmtion from AGENT stating winder a full return of the security deposit is warrented. AGENT shall be responsible for post-occupinry inspections of rental units and for the timely sending of any required nunnery notice ro team concerning mention of all or pan of my security deposit. N CLEAN NG MAINTENANCE AND REPAIRS 20. CLEANING: The AGENT shall at all times kap the premises Gee Goat accumulation of debris, waste material and rubbish, and at the completion of any repair work pact rated Transient to this AGREEbEENT, AGENT shall remove AGENT's idols and equipment and all surplus materials, debris, waste material and rubbish and shad leave the premises in anent and clean condition. 21. MAINTENANCE: The AGENT shall provide mainteaoce services ss follows: A. The AGENT shall cause the PROPERTY to be maintained in a condition 9 all times acceptable to the CRY, including bat not limited to painting, decorating plumbing heat systems, cmpedtry, grounds care, geuced taintmence and repair, and such other work as may be necessary, subject to nde conditions and limitations contained herein. E. Special attention will be given by AGENT to To the grounded extent feasible, due services of regular maimmmce employdea of the AGENT will Waled to minimize costs. The AGENT will inspect all units at least qu nerdy cad upon tee [envmetion of the occupancy of each tenant to identify mdvtenmce needs and evidence oftmant damage. C. The AGENT, m AGENT'S expense, shall systematically receive and promptly investigate all service regasts from tenant' balm such action thereon as may be justified and will keep records for the same as not foot below. Emergency requests will be received and serviced as set font below. CORIPIdmS of a serious nature will be reported to the CITY after investigation by the AGENT. D. The AGENT shall not negotiate m mor into service cormacts in oonuection wind Go Operation of flue PROPERTY wiNout the prim written approvd of the CRY. E. A facility mdvteance folder for each unit shill be continued by dee AGENT. A dopy of each completed job order for any type of work accomplished on a unit shall be placed in chrmologiral order in rise appropriate facility mdmenmee Mild. Documents are to be filed within seven days of completion. These records shill provide a maintenance history of each of the Rousing units. The CITY shall be allowed unlimited access to these files, which shall become the property ofthe =upon thew creation by AGENT. M P. The AGENT Mall, at AGENT's expens% maintain a single party telePhone line fun taking Service calls. AGENT must be available 24 boos a day m receive and accomplish Service calla within the respubse time Specified below. The AGENT shall docanenteach service call received and assign it a job order number. The AGENT shall tell each lessee what the job Order number is and to refer to that number should there be any questions. AGENT shall amage with the leasee for a mutedly agreeable time to conmemz work- G. okG. The AGENT shall maintain a serially numbered job under system to counsel all wok. (1) The job under form, at a minimum, shall indicate the category of job under, date and time received], date and time of completion, description of work facility or unit consist, and materials used. lob orders shall provide for rec rdlag housing occupam's signature to indicate satisfecnry completion a Me required wok. (2) The AGENT shall maintain a jab order log which will indicate: job ondw number, time and dace a receiM apartment number, requesting person, brief description of work category (emergency, urgent or routine), and date and time of completion. 22. EXTERIOR MABVTENANCE: A. [lofty Swims& 'lhe AGENT shall be responsible for maintenance of exterior utility systems including but not limited to sewer, water supply lines, fuel supply lines and electrical Ser boa lines ro the stop of each utility. B. Pxterior Areas and lad . The AGENT, at AGIIIJCs expense, shall maintain the landscaping at the PROPERTY and ab attinginus is righo-of-way in an attractive condition. The AGENT, at AGENT's expense, shall keep the PROPERTY fce of trash and debris, shall be responsible for leaf removal, and shall keep all driveways, and Purling areas within the PROPERTY fest of snow and ice. Snow and ice removal on walkways to individual dwelling units or garages, on steps/porches, and on access pubs to fuel oil fill pipes shall not be Me responsibility of the AGENT. 23. PERFORMANCE CRI'PE@Ek:. A. Snow Removal The AGENT shall perform Snow removal at the PROPERTY in compliance with this AGREEMENT, and Specifically as defined in attached EXBIBITB. B. Plumbins Systems Maintenance: The AGENT Shall Perform mutation systems maintenance at the PROPERTY in compliance with this AGRBEhd'NT, o specified in anwhed E E BIT C. C. Hanna Svstaw Maintenance. The AGENT shall perform hating system maintenance an the PROPERTY an complinace with this AGREEIvIENi, as specified in matched EXIBRIT D. D. Ground Mentemarmn The AGENT ilmll perform mound maiunnace m the PROPERTY in compliance with this AGREEMENT, as specified in itlecbed EXIEBff E. E. General Maintenance & Reoa'rThe AGENT and perform geaal mvmenace end repair at the PROPERTY in amPliau with this AGREEhINT, as specified in armched EXHBIT F It is expressly acknowledged by the parses hereto that each ag alwart amechcl W Eambes B through F are generalised casemate of the Performance expected of the AGENT puraat m this AGREEMENT.. In the event of my conflict or dissgrament regarding responsibilities and Perfoimmiu Panetta m such agreemate, the parties agree to employ their good faith hat efforts to reach agreemet as to such items. th the even agreement cannot be Numbed, either parry may at he option mrmin m this AGREENWNT. 24. REPAIRS: The AGENT shall make or cause to be made all necessary reptrs to fire property ofa routine ar minor nature, ssprovided is Exhibit F and subject: to the folio viog general requ'tanents: A. N f Prissams, and P s: The AGENT will adequately protect the CITY'S property form injury or loss, and will fake all nezeaary frecaudous during the progress or the work to francs all pineals and the property of clbers from injury or damage. The AGENT will assume full responsibility for all AGENT'S mals and squipmea and all materials m be used in cormection with the completion of the work. B. Minerals and Wormid<•a ehim Unless casit ad. m directed by the CM, all material incorporated of the work shall be new. The work shell he perFommd is a skillful and professional mariner. Both minutes; and wodawnship shall be subject to the inspection of the CITY, who shall require the AGENT m coma defective workmanship mmatorials without arta the CTIY. Feline to Indame, or complete wok not in accorLtnce with the specifications, shell not relieve the AGENT from correcting all men work at AGENT'S own expense. C. Title and Risk of Loss' Title to all completed or partially completed work on the PROPERTY and to all materials to be thcorycmted in the work stored at the PROPERTY shall be in the CITY. D. Warranties and Guaranties: (I) Manfacturer's waranties on equipmem purchased and installed by the AGENT will be nsaigned by the AGENT to the CITY for its benefit at the time of installation. 10 (2) Is addition to any provisions of lie manufactwer's warranty, the AGENT agrees all work to be performed hm'euader shall be done in a goad and worknonlike manner. The AGENT shall, as promptly as practical ager written nWNce thereof, repair any defects in workmanship. E. hiefigitive Work' No peymen6 in whole or in pan, shall be deemed a waiver of any defect in materials or workmanship, no the CPIY reserves the right a withbold payment pending impWion of the work performed by to AGENT. In spite of payment by to CITY of the sums due hereunder or blare of the ©TY to discover or jest defective material and workumnship, the AGENT shell re - execute any work that Wig t conform m the requvemenm of this AGILEJEWENT and appears rising the progress of the work or within a period of one year Nom the dace of completion of work performed pursuant to this AG"EAUNP. The provisions of this Paragraph apply to work done by subcondactms as well as work done by direct employees of are AGENT. R Giher Work: It is understood that work not covered by Ws AGREEfvb'!JT may be paformedi by to CITY or Wants m the same part of the PROPERTY as AGENT. In such evens to AGENT shall properly emitting AGENT's work wia CITY'S. It is also understood the are CITY may occupy a particular premise during performancc of work by are AGENT hereunder and tat such occupancy shed not constiWts onceptance ofaeworkbyte CITY. G. I imitations on Migration oftrormoo (p No aheratloo, addition, demolition, rmmval or improvemen a the PROPERTY shall be made by AGENT until the plans taefor are approved in writing by are CITY, which approval shall not be mueasooable withheld or delayed. (2) Noting as fora above shall preclude to AGENT from making repairs Or alterations of an emergency nature, or in ends to InMect Gem in Naomi an immediate treat to safety or property, providad Chet prompt notice is given m the ©q'Y of the hands of such remains and altastmms The AGENT shall supplement such notice to are extent reasonable as sequester by the CRY. H. Libra, Motorists, EW ' ' The AGENT agrees t furnish all labor, supervision, tools, equipment and other items it demes naessary or appropriate to properly perform repairs and maintenance hereunder. 1. Re mburswnan: As provided Tenho in paragraphs 25 and 30 below, pairs and material ores tat are necessary Mr repair and replacemwrts will be reimbursed to to AGENT upon the submission of docmnenWJOsI of to Caginess satisfactory to the CITY. Reasonable labor costs will be roimburssai to the AGENT for work paformed'Order a service nmmect approved by are = 11 Vd UTII,ITIES A. The AGENT, shell make strmgro mus for necessary utilities and services, unit inspections, and for planning and duecfingroutine, requested, emergency and abnormal mavdmmce. The electrical scry'ro for each apartment building will be separately matured. The cost of electrical service for Nose buildings leased a Acedia and CommunityHeil6 & Counseling shall be Ne responsibilityache lessee. The mm of electrical service for the buildings used by the CITY Department aHemth and Welfare shall be the responsibility of the CITY, the mmagemmt Of which shall be the responsibilityof the AGENT az part of th is AGREEMENT B. The CRY, at MY's expense, will contract for heating find. The AGENT shall be responsible for the administration and mmagwent of the MY's fire) contract as it applies to the PROPERTY. The AGENT will be responsible for the codltttlon of my reimbmsemerts due Ne CITY for Nei supplied W buildings derated to Acadia and Community Health & Counseling order the CITY'S toed contract. VIII. BDDGETANDMANCIALMATTERS 25. OPERATING BUDGET: A. Prior W commencing perfmmmce during the first yea of this AGREEh76NT, and no later than February Irt of each year during Jim term of this AGREBIJBTIJ, thereafter, the AGENT shall prepare and deliver to MY for its review and consideration a written Ihaft Opvazing Budget for the operation of the PROPERTY for the following CITY adopted fiscal year which begins on July I end ends on the following lune 30. The Draft Opeateg Budget shall contain m estimam for each such fiscal year on a monthly basis of gross mveranow, cramming expenses (including astimaed CITY expenses) and capital expenditures. B. Upon review of the Draft Cpareting Budget prepared by the AGENT, and such other reviews and mmudermims as the CITY detentions sure reasonable and ecessary, the CITY shall adopt m Operating Budget for the PROPERTY and shall, at least thirty (30) days prior a the start of the Fiscal Yea, cause the Operating Budget to be delivered to the AGENT. The Operating Budget, race approved and adopted by the CITY and deiverad to the AGENT, shall he the basis of the AGENT's mthmlrm3on re incur costs a the operation of the PROPERTY. 26. LENUTED AU ORTTY TO INCUR EXPENSES: The AGEN"f shall not moor my obligations fm or undertake to make my repairs, alterations or do other work (except regain of a strictly, emergency where) in excess of Nose included in the Operating Budget approved "a CITY, nor make my single purchase N excess of arch amounts unles estiumtes therefor me that submitted to the CITY ami AGENT has received the approval of the MY, All a parses incurred by Ne AGENT shall be charged by the AGENT at net cost and the CITY shell receive credit for all terms, commissions, discounts and allowmces. 27. NOENCTMIMANCEOPPROPERTYORRECEIPTS: The AGENT shall nr[mIS transfer assign, dispose of, mortgage, grant a security interest in, or amumber in any mormer whatsoever, nor allow any lien to he placed or prompt against the PROPERTY or We rewmia derived therefrom. The AGENT shall indemnify and save brainless Ne CITY from all claims, demands, causes of mtlom or suits of whatever tonne arising out of services, labor and materials famisbed by the AGENT or AGENT's subcontractors in maintaining or repairing the PROPERTY. 28. TAXES, MORTGAGES AND RELATED EXPENSES: The AGENT shall not be responsible for payment of any loans, mortgages, property insurance or real estate nixes as may be relates to the PROPERTY. 29, HANDLING OF MONEY: The AGENT shall supervise and conhol the handling of all money received h The operation of the PROPERTY and shall establish an adequate system ofma mal controls satisfactory to the CITY, covering the receipt and expenditure of money in the maintenance and operation of the PROPERTY. AGENT shall aim prepare all operating and thermal reports and smremen$ including reports and statements that may be necessury or appropriate under other provisions of this AGREEMENT. All hills and invoices shall be paid on a timely basis, consistent with normal business practices. 30. WORAJNG CAPITAL ACCOUNT: The AGENT shall establish m a bank or other financial institution, a "Washing Capital Account" Said account shall ony wMsin advances on Mturc reimbursements, together with limes: earned thereoq provided to AGENT by the CTIY. AGENT may draw on this Accrual only for the purposes as provided below. All unexpended funds in said Account, regardless of Me length of time such unexpended funds have been in said Accounts, shall be considered the property of Me CITY. AGENT shell provide the CrrY with the account number of Me Account and authorize CITY inspection and auditing of Me Account at Me bank or chat hernial damnation. At the CNY's request. AGENT Mall execute documents necessary for fie Cf to deposit advances on future reimbursements direttly in Mr Amount. as well as to make withdrawals from said Account CITY shall provide monthly records of deposits of advances and withdrawals, if any, to AGENT. Else Working Capital Account shall be maintained by AGENT solely for use in Me operation of the PROPERTY and funds in said Account shall mol he mingled with other accounts, assets or fiords of AGENT. AGENT expressly agrees that AGENT shall nm - use, berrow or apply Me monies M said Account in any mummer for Go permual benefit use or credit of AGENT or AGENT's employees, and that said Account shall not be deemed, by virtue of this AGREEMENT, to be sugect in day mamma M any claims, actions or attachments by AGENT's creditors or creditors ofAGENT's employees. A. Amounts in Me Working Capital Account may be used by Me AGENT as traded to pay daily or regular operating expenses which are consistent with Me Operating Budget and are approved by Me CITY, including such CITY expenses as Me CITY requires the AGENT M pay directly. Disbursements from Me Working Capital Account which are consistent with had approved Operating 13 Budget shall be processed in due course. Disbursements and paymmts from Me Washing Capital Acoount shall be supported and substantiated and shall be subje t to an arcual audit by Me CITY or its aunts. Any operating expenses or capital expenses beyond the Operating Budget must be documented in advance M Me CffY and mug he justified by AGENT to Me reasonable satisfaction of Me CITY. B. The CITY shall make an advance an Mbrn reimbwsemen6 m Me AGENT, as wodring capital, to Me maount of $15,00000 which shall be deposited by AGENT in Me Wort Capital Accoum. The AGENT shall pay all expenses M connection with Me PROPERTY Than this Account except for CITY "Penes, which, Ifinmuxd, shell be billed to Me CITY. C. The AGENT may requisition such amouuts as are needed and aro approved by the ©3Y in order to reimburse Me Working Capital Account and comment it at Me level noted in subparagraph B above. D. Operating Expmaes incurred end expenditures of money M any fiscal year shell not exceed Me reasonable and necessary amount therefor and will in any event column on Me Operating Budget; provided, however, Mat is Me evert of any emergency or other unexpected cireumatsnces requiring immediate and urgent expenditures which are not coneined within, or contemPlmed by, provisions of Me Operating Budget as are in xcess of the approved amoants M Me Operating Budget but are immediately and urgently mmasary for Me continuance Of Me operation of Me PROPERTY as for Me Preservation or lamination of Me PROPERTY an for Me health and safety of Me tears or general public, the AGENT may make such immediate and talent expenditures notwithgandmg that Mry may named Me amount therefor or are not included in the Operating Budget. Thereafter, if such expense constimms a CITY intense, TO AGENT shall be reimbursed therefor. E. As needed, requisitions shall be submitted to Me C for capiml mpahs and improvements. Such requisitions shall be supported and documented m Me reasonable saigection of Me CITY. Expenditures of money for capital xpenditura shall be made by Me AGENT in conformity with Me provisions of Me Operating Budget, art only as approved by Me CITY. IX BONDING INSURANCE& INBEMSUFTCATION 31. BOND: The AGENT shall, for Me duration of this AGREEMENT, Mcish Me CITY with a surety company bond or other howmable payment instrument in Me penal sum of Fifty Thousand Dollars ($50,000) which shall be payablm on CI3Y M Me eat AGENT but m pmfotm as ranired hereunder Or causes or allows any m flim, including the Working Capital Account or other revenues received hereunder, to be withheld from Me CITY for any reason whatsoever. Such bond shall be in a form satisfactory m the CITY,s City SOBCItor. The premium for such bond sball be paid by Me AGENT as peg ofthecommac[price. 14 32. INSURANCE: The AGENT shall maintain in tons insurance coverages stated below in the minion coverage amounts indicated throughout the period of perfomance of this AG1iEEMENT: A. Workets'Comperwepon Statutory Insurance B. Commercial General Liability(Public Liability) harasses including: Genesi Liability, $400,000 per occumncol Products, Completed Operations $1,000,000 annual aggregate Personal$ Advertising Injury per covered location C. Automobile Liability huurance(owned, bhed&non-owned): Bodilylnjury& $400,000 per occurrence Property Damage $1,000,000 anal aggregate D. Mw AGENT shall provide a waiver of my rights of subrogation which the AGENT may have against the CITY, its agents or its employees. E. Before execution by CITY of this AGREEMENT, flue AGENT shall file with the CITY a certificate of insurance containing the following information In respect to all inamance Carried: - (1) Name of insurance company, policy number and expiration date; (2) The coverages required and the coverage limits on each, including the amount of deductible or selbinsured retentions; (3) Astatement indicating that the CITY shall receive 9,irty(30) days notice of omoellaGm or significant modification of any of the policies which may affect the CITY's interest; (4) Naming the CEY' as an additional Inured (except Workers' Compensation Insurance); and (5) Providing that this AGREEMENT conatimus an insured contract under the AGENT's coonercul general liability policy. F. Said insurance policies we to be with companies mthorised fo do business In the State ofhfaine acceptable to the CITY, and all policies shall be approved by the CITY. G. Plemmons with respect b such policies will be paid by the AGENT and shall constitute AGENT expenses. Deductible amounts and my lasses in excess of insurance coverage requires above shall constitute AGENT expense. 15 or couuamars, unless in a smoking news designated by the CITY or the CITY's lessee agencies. (2) P mantel Pmrective Fnuirri The AGENT will observe all eaanable requiremems and be held responsible fm famishing to AGE ,s employees any items of personal protective equipment which may be necessary par the safe performance of the work. AGENT shall require any contmcmr it hires re perform work or services hereunder to adhere to the same requirements. (3) Exuawtions and Sentencing The AGENT will be expected ro use proper barricading, mpea, warnings signs and other such devices wherever excavating, overhand work hooting opening pass w trenches or the hike is in progress. The, AGENT will also keep all aisles and roedways clear, and at no time abstract passageways to existing mergency equipment such as showers, eye wash fragments, the blankets, hoses, alarm boxes, extinguisher, shut off valves and switches, mc. AGENT shall require any contractor it hires m perform work or services hereunder to adhere to the same regovemerats. D. PERMITS AND LICENSES: In connection with repair work to be performed, the AGENT, at ACTION expense, shall procure all necessary permits end lic nnoo and agree to comply with all laws, ou finances, codes and regulations applicable to the performaum of the work c mcemed XL MISCELLANEOUS 35. DVDEPENDENT AGENT: The AGSM shall at all times be considered an EvDEPENDENT AGENT in performing the work abler this AGREEMENT, including amendments discrete, and shall famish all supervision and direction required to complete the work. Nothing herein shall be construed se, as to create a joint resume or employedemployce relationship between CIM and AGENT. 36. AMENDMENTS: This AGRPEMEfff may only be amended by mutual agreement of the parties hereto in wntinlf 37. MODIFICATION: Except as provided in paragraph 36 above, this AGREEMENT may not be modified, altered, or amended in any manner unless by an agreement in writing exeouted by the parties hereto. 38, CONFLICTING TERMS, CobillMONS OR SPECIFICATIONS: In the event that one item conflicts wide another item found in this AGREEMBNf or any other document pertaining b this AGREEIs4NT, the hem with the mart stringent requiremen6 shall proven]. th the event any provision hereof is determined] to be unenfrrceable or void by a Court of competent jurisdiction, such a determination shall not affect due validity and enforceability of any other provision of this AGREEMENT. 39. R'RO IS BOUND: This AGREEMENT is binding upon the front herem, their represmgtivas, successors, and assigns. 0 60. NMICES: All written notices to the CITY may be addressed. and mailed, by United b E; registered mail, m the CRY at: Mary -Anne ChaRln DvectorofHealthand Welfw CityofBingm 73 Harlow SM1eet Bnngor,Maive 04401 and to the AGENT m: Elsie C. Coffey, Executive Dimmor 161 Davis Road Bangor, Maine W401 and to such other persons as the parties may designate to each other in writing. 41. VENDWG AND MUR SERVICES: The Agent may not Contract for or provide for vending machines or other services to mtunts without the express written approve] of the CRY. 42. DISPUTES: If any dispute as to the application or interpretation of the terms of this AGREEMENT results in a lawsuit between the parties, the prevailing parry in such litigation shall he entitled m recover reasonable expenses, attorneys, fees and costs. 43. GOVERNING EAWSIDISPXrl Notwithstanding any other provision of this AGREEMENT, any dispute wnccming any question of fact or law arising between the AGENT and the CITY shall be decided by a Court of compemdj irisdietion of the Sete of Maine in sno m avice with the laws of me State of Maine. 44, HEADINGS: Article, paragraph and subparagral headings comate t in Nis AGREEMENT ere inserted for convenience only, and not by way of limitation or, modification of elle provision contained herein. 45. AGREEMENT ENTM: The AGREEMENT and its Ncorporamcl ddamits constitute' the amine agreemem between the parties as to else agency herein established. Any and all prior representatives or understandings by the parties or their agents not expressly included in Nis AGREEhffi4T ere void. 46. ADTHOWTV TTI EXECDTE: By their execution of this AGREEGENT,- the undlom ved officers of the CITY and AGENT represent that their execution hereof is with fall fence and authority, and then this AGREENIENT upon execution is valid and binding in all its provisions against the CRY and AGENT respectively. WITNESS the fo0owing signatures and seals this _day of August, 2000. 19 DL Gig - witness PENOBSCOT,ss. BANGOR HOUSING AUTHOBTTY (AGENT) ft . Elsie C. Caffey Its: =Ucbve Dimotor STATE OF MAWE August) 2000 Then ps monally appeared the above-named Edward A. Barnett, in his capaeity as City Manager, and acknowledged the foregoing instrument to Ife his Ga ant and deed in his said capacity, and the fires act and deed of said hotly corporate. Before me, Nonage Publid Anumey-m-I w Ptnuni Name: STATE OF MAINE PENOBSCOT, ss. August .2000 Then pensortally appeared the aboswwned Elsie C. Coffey, in her capacity as Executive Director, and acknowledged the foregoing instrumem to be ber free act and deed is hot said capacity, and the free act and deed of said Bangor Housing Authority. Before me, Notaty Publid Atmmey-at-Lew Printed Name: 20 AREA B 2 OF BANGOR L j�. ai °� ARI1NI AREA 1 1: City of Bangor AREA y 2: Acedia AREA 8 3: CHCS EXHIBIT A 0 AREA d 3 SCALE' - 0; 100 200 loot RTY PARK WOODS _ SNOW REMOVAL 1. GENERAL: The AGENT is to bough all labor,personnel, materials, supplies, tools, transportation, equipment, pent, supervision and other items of expense reasonably necessary to provide mow removal from all driveways and parking areas for sixty (60) apartment units located in sixteen (16) buildings owned by the CITY and located at the intersection of Union Street and Griffin Road in the City of Bangor indicated as "City of Bangor property" on Exhibit A arched hereto and hereinafter sometimes referred to as "PROPERTY". 2. SCOPE OF WORK: The AGENT shall keep all driveways, and parking areas within the PROPERTY Gee of mow and ice. AGENT shall remove any accumulation of mow. in excess of three (3) inches, or as otherwise reasonably requested by CITY REPRESENTATIVE, and shall at all times keep all driveways and parking areas accessible. City sorters are not included in the area to be plowed by AGENT. Shoos and ice oval on walkways to individual dwelling units is not the responsibility of the AGENT. Snow and ice removed from driveways and parking areas by AGENT shall not be placed in or on City meets and sidewalks. e. RESPONSE TIME FOR SERVICE : From December 1 through April 30 during the term of this CONTRACT, AGENT shall arrive and begin snow removal upon the accumulation of three (3) inches or more in the areas to be plowed by AGENT 4. START AND FINISH OF WORK: Response time shall be as stated above. Snow removal will be completed within six (6) hours from the end of any snow storm which requires snow removal, or such longer time as is reasonably necessary. 5. TIMEOFPERFORMANCE: The AGENTwill berequiredto start atthe time of execution of this CONTRACT and shall continue to provide full snow removal sm'ices until completion and/or termination of the CONTRACT. 6. NOTIFICATION AND RESPONSE: The AGENT mug be responsive to the need for mow removal services and shall coordinate its activities with the CITY REPRESENTATIVE. Cooperation with CITY REPRESENTATIVE is essential. and the AGENT and the CITY REPRESENTATIVE shall promptly respond to each others requests and recommendations. - 9. EQUIPMENT REQUIRED: At a minimum. the AGENT shall have one four wheel drive plow truck equipped with plow of 3/4 ton rated capacity or greater, or equivalent, 'and one four wheel drive backup plow track equipped with plow of 3/4 ton rated capaciry or greater„or equivalent IMMIT B SNOWR OVAL-PAPKWOODS PAGE30P3 EQUIPMENT: A. The AGENT shall keep vehicles and equipment operational at all times throughout the CONTRACT period. The AGENT shall immediately contact and inform the CITY REPRESENTATIVE of my circumstances which prevent the AGENT from performance ofthe terms of this CONTRACT. In the event that a breakdown cannot be repeated to allow the AGENT to comply with the provisions of this CONTRACT, the AGENT shell milia backup equipment until repairs are completed. Backup equipment shall be as described in AGENTS bid, or equivalent. B. Backup equipment, if needed, shall be readily available to respond to service within one (1) how or less. If the AGENT fails to provide snow removal as specified in this CONTRACT, the CITY shall complete the work as required, or cause the work to be completed, and sball deduct how monies due the AGENT, all direct costs. 9. PROPERTYDAMAGE: The AGENT is responsible for the repair or replacement of any property damaged by AGENT during snow removal operations. If the AGENT fails to perform the necessary repairs or replacement of any property damaged by AGENT, the CITY shall complete the repairs or replacement as required, or cause the work to be completed, andshall deduct from monies due, all direct costs. cw..�+.w.mm..wcw.uvwwaoww..�.c.nsnwl.rn, PARK WOODS PLUMBING SYSTEMS 1. GENERAL: The AGENT is to furnish all persormel, supplies, tools, Uansporradon, equipment, parts, and supervision reasonably necessary to provide full maintenance coverage to the PLUMBING SYSTEMS for sixty (60) apartment units located in sixteen (16) buildings owned by the CITY located at the intersection of Union Sweet and Griffin Road in fie City of Bangor as indicated by Exhibit A attached hereto and hereinafter sometimes referred to as "PROPERTY", excluding fixtures or items constituting replacement or repair capital expenditures, including by way of example and not limitation sides, toilers, faucets, garbage disposals, bathtubs, water heaters, showers, etc. 2. TYPE OF PLUMBING SYSTEMS: The tern "plumbing system" shall include all equipment necessary for the delivery and use of domestic water, and discharge of sate water. This shall include, but not be limited to; supply and waste systems piping, finings, valves, traps, and my and all parts and materials typically associated with the proper fanction of said systems and/or fixtures. 1 SCOPE OF WORK: The AGENT shall famish all persormel, supplies, tools, parts; transportation, equipment, supervision and administration reasonably necessary to manage and service the plumbing systems. The AGENT shall perform all tasks and do all things as reasonably required for the proper management, upkeep and operation of the plumbing systems. 4. RESPONSE TIME OF SERVICE CALLS: A. Emenencv: Duml the term ofthis CONTRACT, AGENT shall emplov its good faith best efforts to arrive at the building within two (2) hours and repairs if Possible shall be completed within eight (8) hours of receipt of any notice dru an EMERGENCY situation exists. B. U=m : AGENT shall arrive at the building and repairs shall he completed within five (5) working days of receipt of any notice of problems requiring sa URGENT response to the building. C. Rum: AGENT shall arrive at the building and repairs completed within ten (10) working days of receipt of any notice requiring a ROUTINE response to the building. ESB®IT C PLLRVflu 3SYSTEMS-PARKW00DS Pagel of Service calls shall be categorized as follows Broken water line Emergency Heiner Leaking - Emergency No hoticold water Emergency Plugged Lateral Emergency Reliefvalve - Emergency Stopped up bathtub Emergency Stopped up commode Emergency Stopped'up sink Emergency Water freeze-up Emergency Commode mets steadily Urgent Dripping line or shut off Urgent Leaking faucet Urgent Malfunctioning garbage disposal Urgent Malfunctioning shower diviner Urgent , Stopped up garbage disposal Urgent Leaking sillcock Routine Malfunctioning plumbing f tures Routine Malfunctioning shower heads Routine Side or tub coins slow Routine 5. START AND FINISH OF WORK: Response time shall be as stated above. When emergency or urgent work is in progress and completion prior to 10:00 PM is impossible; it shall be the responsibility of the AGENT to continue the work to a point of safe util'vation regardless of the time required. Thehousingoccupint(ifapplicable)shallbe fully appraised of Me situation and the AGENT shall proceed with the work in coordination with, and in regard to the welfare of, the occupants. Completion of work beyond the point of safe utilization shall be continued the following day. The quality of work to be accomplished shall meet the standards of the industry for the craft performed. 6. OCCUPANT DAMAGES: If tlse AGENT auspeccs abuse to the PLUMBING system by the occupant, it will notify the CITY REPRESENTATIVES immediately. Notification will be by telephone during normal business hours, followed by a liner stating the alleged abuse and the repair costs. EtlBBR C PLUMBWG SYSTEMS- PARI( WOODS Pages of T. TIMEOPPEEFORMANCE: The AGENTwillberequiredtostanattumneof execution ofthis CONTRACT and shall continue to provide full plumbing systems maintenanceservicesuntilthecompletionand/ortetmin ionofthe CONTRACT. 8. LABOR, MATERIALS, EQUIPMENT, ETC.: TheAGFMagreestofumisball reasonable labor, miscellaneous materials, supervision, tools, Nuipment and all other items reasonably necessary, except as otherwise specified herein. 9. PERMITS AND LICENSES: In connection with the work to be performed, the CITY shall procure all necessary pemuts and licenses and agrees to comply with all laws, ordinances, codes and regulations applicable to the performance of work berevnder [or AGENT, at CITY's expense). PARK WOODS HEATING SYSTEMS 1. GENERAL: The AGENTistofamish all persormel, supplies, tools, transpotlrfiom equipment, and supervision reasonably necessary to provide full maintenance coverage to twenty (20) hearing systems for sixty (60) apartment rain located in sixtcen (16) buildings owned by the CITY located at the intersection of Union Street and Griffin Road in the City of Britain as indicated by Exhibit A attached hereto and hereinafter sometimes refined to as"PROPERTV". 2. TYPE OF HEATING SYSTEMS: Nassau Boiler System Model COB150 are located in Ne fourteem (14) type 4 (4-Plex) buildings and Nassau Boiler System Model COB90 are in the two (2) type 2 (2-Plex) buildings (see Exhibits A, B and C). o. SCOPE OF WORK: The AGENT shall provide a 24-hour full service maintenance plan to include "NO HEAT" emergency calls. This CONTRACT covers complete fimmce cleaning, maintenance, banner mmemp and emergency banner service as follows: a. CLEANING, TUNE-UP AND EFFICIENCY TEST: The AGENT will perform a complete review ofeach heating system. Each system will be cleaned andmnedtommircmaximumefficievcy ONCE PERYEAR. The AGENTS schedule for clearings will be coordinated through the CITY REPRESENTATIVES. Tenants shall be notified within 24 hours before their hear system will be cleaned Any deficiencies in the heating system not commit by the AGENT will be reported to the CITY REPRESENTATIVES by the AGENT. Specific steps in be included in crab wine -up are as follows: (1) Test and regulate all bearer controls. (2) Check and clean or replace fuel of straivers/filters. (3) Clean and regulate had pump. (4) Clean nozzle assembly. (5) Check and adjust ignition system. (6) Vacuum clean future and smoke pipe to chimney. ('/) Lubricate motors. (8) Seal air leais=and combustion chamber. (9) Tune and adjust oil barren for maximum efficiency and economy. (10) Aspera oil tank. (11) Perform combustion efficiency test. (12) Test and ensure all elements of heating system are functioning properly. EXHIBIT D HEAT WG SYSTEMS -PARK WOODS Page i of b. PARTS REPAIR OR REPLACEMENT: The AGENT shall be responsible for providing all repav/replacement parts of minor c%mmae, or of routine nature coder this CONTRACT. AGENT will repair or replace, atCITY'S expense, asnems- sary, any of the following parts which may become defective during normal use: (1) Air filters (2) Amts (3) Blasttube (4) Blower belts and pulley (5) Bwner fan. (6) Blower motor (7) Bumer motor (8) Burner head (9) Burner switches (10) Cad cell relays -(11) Circulator motor (12) Couplings (13) Delayed action valves (14) - Electrodes (15) Electrode wiring and clips (16) Emergency switches (17) End cove (18) Fan and limit controls (19) Firemafic valve (20) Fuel pump and gasket (21) Fusesinburnercircuit - (22) 1pition vansformer (23) Limit controls (24) Low water cutuff(switch only) (25) Nozzle and nozzle adapter (26) Oil filters (27). Oil line valves (28) Porcelains (29) Presswetrol (30) Protectorelsy (31) Primary controls - (32) Pmnpstainers (33) Suck relay (34) Standard limit controls (35) The irestst(standard) (36) Transformer (37) Twbulator 777 E)RIBIr n HEATINGSYSTEMS-PARKWDODS Page 3 of c. SERVICECALLS: The AGENT shall provide a 24-hour full service maintenance plan which is to Include "NO HEAT" emergency calls. 4. RESPONSE TIME OF SERVICE CALLS: a EmMeum NO HEAT CALLS- From October 1 through April 30 during the term of Us CONTRACT, AGENT shall employ its good faith best affairs to arrive at the building within two (2) hours and to complete repairs within eight (8), hours of receipt of any under trot there is no hem in the building, or any unit therein At other times during the torm of Us CONTRACT, AGENT shall arrive at the building and complete repairs within twemy-four hours. b. $gent: AGENT shell arrive m the building and repairs shall be completed within five (5) working days of receipt of my notice of problems requiring an urgent response to the building. C. Routine: AGENT shall arrive at the building and repairs completed within ten (10) working days of receipt of any notice requiring a routine response to the building. 5. START AND FINISH OF WORK: Response time shall be as stated above. When emergency or urgent work is in progress and completion prior to 1000 PM is impossible. it shall be the responsibility of the AGENT to mndnue the work to a point of safe utilization regardless of the time required. The housing occupant (if applicable) shall be fully appraised of the situation and the AGENT shall proceed with the work in coordination with, and in regard to the welfine of, the occupants. Completion of work beyond the point of safe utilization shall be com mored the following day. The quality of work to be accomplished shall meet the standards of the industry for the craft performed. 6. MANAGEMENTOFCONTRACf: a. MainlainFecl'ty Maintenance Fir . A facility maintenance folder for each heating system shall be maintained by the AGENT. A copy of each completed job order for any type of work accomplished on a particular hearing system shall be placed in chronological order in the appropriate facility maintenance folder. Documents are to be filed as soon as practicable after completion. These records shall provide a maintenance history of each of the heading systems. The CITY shell have access to these files. The AGENT shall maintain all warranty iNbrmation in these files. The fie end contents are the property ofthe CIIY. EXHIBIT D FEATINGSYST S-PARKWOODS Page4o 4 b. Receipt of Service Calls. The AGENT shall maintain a single parry telephone line for taking service calls AGENT most be available twenty-four (24) bows a day to receive and accomplish service calls within the response time outlined above. The AGENT shall document each service call received and assign it ajob order number. The AGENT shall tell each caller who the job order number is and that the caller should refer to that Dumber should there be any questions. AGENT shall arrange with the resident for a mutually agreeable time to commence work. For work performed in the interior of an occupied unit. the AGENT shall request Out the housing occupant sign thejob order and record the date and time of completion. C. Os.ry to Damaim If the AGENT suspects abuse to the beating system by the occapanq they will notify the CITY REPRESENTATIVES. Notification will be by telephone during mo rno business hours, followed by a letter stating the abuse and the repair costs. 7. TIMEOFPERFORMANCE: The AGENTwillberequiredtostanatthetimeof execution of this CONTRACT and shall continue to provide full hearing systems maintenance services and the completion and/or termination ofthe CONTRACT. 8. LABOR, MATERIALS, EQUIPNIENT, ETC.: The AGENT agrees to famish all reasonable miscellaneous labor, materials, supervision, tools, equipment and all other items reasonably necessary, except as otherwise specified herein, required to complete this CONTRACT. 9. PERMITS AND LICENSES: In connection with the workm be performed, the AGENT, at CITY'S expense, shall procure all necessary permits andticenses and agrees to comply with all laws, ordinances, codes and regulations applicable to the performance ofworkhereunder. 7 PARK WOODS GROUND MAINTENANCE I. GENERAL: The AGENT ism famish all labor, personnel, supplies, tools, ftatuportatioq equipment, and supervision reasonably necessary, to Provide full ground conntenmsixteen agree coverage for sixty (60) apartment units located in sixen (16) buildings owned by the CITY located at the intersection of Union Street and GtifHn Road in the City of Bangor as indicated by Exhibit A attached hereto and hereinafter sometimes referzed to as "PROPERTY". 2. SCOPE OF WORK: The AGENT shall furnish all labor, personnel, supervision, lawn equipment, tools, and other supplies ofminor expense, or of a romime nature, reasonably necessary to provide fail grounds maintenance services to the PROPERTY. The AGENT shall perform all tasks and do all throes as required for the proper maintenance of the grounds within the PROPERTY. (1)- Performance Time. Theworkwillaeperformed Mondaydau Thursday from SM AM - 3:00 PM. The CITY will inspect to ensure compliance with performance standards listed below. (2) Mowine of (:race. Precautions shall be taken by the AGENT to prevent uneven mowing rutting by equipment and damage to tees and somas. Grass on improved grounds shall be cut on ah as required basis to maintamthefallowingstandard: theheightofNegmss,acludingthe seed heads, shall not exceed four (4) inches in height nor be cm less form two(2)inches. Grass clippings shall be removed or remulched when not thoroughly mulched at each mowing. (2) Trimming of Gras. The massshallhe trimmed around the building foundations, trues, sshrubs, leaves, poles, hydrants and other appurtenances. so Nat the height of the grass does not exceed 1.5 times the height of the adjacentgrim. (4) Removing of Debris. Fallen leaves, branches, trash and other deans shall be removed from improved areas at lean weekly and disposed of by AGENT. Tree fum s, liner std other debris which present an obstacle to, complete thorough ground maintenance shall be removed within two (2) days after discovery under notification by the CIN. EXHIBIT E GROIMp MAINTENANCE -PARK WOODS Page2o(2 (5) perhaps of Grossed Areas Areas damaged by vehicular traffic, utility system repair, building repair, winter kill, hasect/disease, etc. shall be sodded =&in seeded to in= the standards of the surrounding lawn area. Damaged or disturbed areas shall be repaired within one (I) reek of identification by the AGENT or CITY. (6) T.af Removal The AGENT shall famish all personnel, supervision, lawn equipment tools and other supplies ofmiewr expense, or of murine mature, reasonably necessary to provide leaf removal services to the PROPERTY. The AGENT shall provide a minimum oftwo (2)complete rounds of leaf removal throughout she PROPERTY. Tbeschedulefor completion of each of the minimum two (2) rounds is: Pint Round: 21 October Final Round: 30 November Leafremoval is to include all lawn areas, breezeways, entryways, foundations, faces, trees, hydrants, poles, shrubs, rock gardens and bushes. The AGENT shall remove all leaves and debris collected from the work site. Bagged leaves may be accumulated in a centralized collection paint but will be removed at least once a week and completely removed from the work site within five (5) days ofthe completion of each round. The AGENT is responsible forproper disposal of removed leaves and debris. PARK WOODS GENERAL MAINTENANCE & REPAIR 1. GENERAL: The AGENT is to furnish all labor, personnel, supplies, tools, transportation, equipment, and supervision reasonably necessary to provide general maintenance and repair coverage for sixty(60) apartment units located in sixteen (16) buildings owned by the CITY located at the intersection of Union Street and Griffin Road in the City of Bangor as indicated by Exhibit A attached hereto and hereinafter sometimes referred to as "PROPERTY". 2. SCOPEOFWORK: The AGENT shell firnislr all labor, personnel, supervision. tools, and][ other supplies of minor expense, or of routine nature, reasonably necessary to provide full maintenance and repair services to the PROPERTY. The AGENT shall perform all was and do all things as required for the proper maintenance and repay of the exterior and interim surfaces, utilities, appliances, and equipment within Ne PROPERTY. A. Eamilsongra and Appliances to . (1)- Eiiimment. The AGENT shall be responsible for maintenance and repair of all equipment including but not limited to: water heaters exhaust fans sump pumps plumbing fixtures doorbells smoke detectors dryer vents electrical fixtures (2) A tip, I'annc . The AGENT shall be responsible for maintenance and repair of all appliances including but not limited to: ranges garbage dispbsals refrigerators (a) Appliance Service (1) S,=oya The AGENT shall be responsible for the repay of CITY owned and famished appliances, relocating appliances as required and maintaining as inventory listing Of appliance locations. Pans and material costs that we necessary for repair will be reimbursed to the AGENT upon the submission of documentation of the expense. EXHIBIT F GENERALMAMTENANCE & REPAIR- PARKWOODS Page 2 of< Reasonable labor costs will be reimbursed to the AGENT for work performed under a service contact. (2) Aprlingerist The following is abet of CITY -owned and furnished appliances for which the AGENT has responsibility: 58 refngerators M ranges 58 garbagedisposals (3) guars Appliance=. The AGENT shall use the appliances in scant units as spares. If the AGENT mcoumers an appliance that he feels catmot economically be repaired. he will inform the CITY, and will remove the defective appliance from the occupied unit and replace it with a working appliance from a vacant unit. The AGENT shall Then put the defective appliance in the vacant unit and red tag it as inoperable or dispose of it as directed by the CITY. 3. RESPONSE TUNE OF SERVICE CALLS: A. Emeran v: During the term ofthis CONTRACT, AGENT shall employ its good faith efforts m arrive at the building within two R) hours and to complete repairs within eight (8) hours ofreceipt of any notice that an EMERGENCY situation exists. B. 114ent: AGENT shall arrive at the building and repairs shall be completed within five (5) working days of receipt of any notice of problems requiring au URGENT response to the building. C. R¢¢tlne: AGENT shall arrive at the building and repairs completed within ten (10) working days Of receipt of my notice requiring a ROUTINE response to the building. (1) service C331S (a) On receipt, the AGENT shall categorize service calls as emergency, urgent or routine based on the following: IXH®IT F GINERAI, MAIMENANCE & REPAIR- PARK WOODS Pap 3 of PROBLEM - APPLIANCES CATEGORY GARBAGE DISPOSALS Gasket looking Urgent Inoperative Urgent Stopped up drain Urgent RANGES Inoperative Emergency Oven won't operate Emergency Range hood vent inoperative Urgent Worn or broken pans Urgent REFRIGERATORS Wont cool - Emergency Worn or broken parr Urgent Replace door gaskets Routine ELECTRICAL _ Circuit breaker won't reset Emergency Loss of power Emergency Response to fire calls - Emergence Short circuit in light fixture Emergency Short circuit in switch Emergency Short circuit in wall outlet Emergency Short circuit in wiring Emergency. Smoke alamr Emergency Broken fixtures Urgent Broken switches Urgent Broken wall outlets _ Urgent Door bells STRUCTURAL: Routine Broken door locks Emergemc Broken window Emergency Roof leaks (house) Emergency Broken door latch Urgent Broken door( storm) Urgent Cracked window - Formed EbBBIT F GENAIIAL MAMTEiNANCE d REPAIR - PARI( W WDS Page4of4 Defective bathtub gamine Routine Defective storm window Routine Defective semen Routine Defective commode seat - Routine Shingles missing or bloram off Routine Lead paint hazard Urgent Leaking guner/downspouts Routine Patch holes in walls Routine Defective garage doors Routine Defective shede or v -blinds Routine Needed spot painting Routine (2) The AGENT shall start and finish work as follows: (fl) FMFRGFNCY AND I IRGENT. Response time shall be as stated above. When emergency or urgent work is in progress and completion prim to 10:00 PM is impossible, it shall be the. responsibility of the AGENT to continue the work to a point of safe utilization regardless of the time required. The housing occupant shall be fully appraised of the situation and the AGENT shall proceed with the work in coordination with and in regard for the welfare of [be occupants. Completion of work beyond the point of safe utilization shall be continued the following day. (b) The quality of work to be accomplished shall meet the sundards of the industry for the craft performed and in compliance with applicable City of Bangor codes or ordinances. (c) Occupants shall be notified at leant 24 hours in advance of am work to be performed in their unit under the Urgent or Routine Categories. . EXHIBIT G PARRWODDS CITYOFBANCOR-NEW CAPENART BUILDING DJVENTORY Bldg Lww Bldg Buifin Dmlotim 4 %Brom: N.R. Sy. R. 4 Two kof AymMmons AaNa: iOT BR BA ( Sin 0 U= ])pe Bm.io living Bnx- Boilers NOW, , mmt 1214 COB 2 YPIa, Na easvnmt R 8 d 2 Ll87 N/A 1 2 295 2 16,18 Bolling w/ Dive 1361 CHCS RC 0.p1a, Na eesemm4 3 0 1 1,1% N/A 2 1 1]5 4 259,261,265.269 Gi1R wl Road IEW COB 2C 4PIen, Na Bbun¢M. 2 8 d 2 LI% N/A R d Z]5 4 INN, 1M, IR15, Union Of 121] $4etl @O6 COB I 4-PIo-, Boatmen, 2 ] 3 LS 6%d Sd6 1 3 330 4 1195. 119]. IIW, Union INI ft IR11 248 1 141ep Bmmm4 2 9 l 1.5 1,%4 546 1 3 330 4 315,31],319.321 Gri6n ROW 1213 COB I 0.plex� Buemen4 ] 3 1.5 1.074 Sd6 1 3 330 d 2",,301,303.305 Gtlmn ROW 1360 WB 2C 4-PIeq NO Bt¢mm4 2 8 d 2 LIB] N/A - 2 4 2]5 4 34,36, W,W Langley wl Soga 1354 COB 1 4-PkO, Memen4 2 ] 3 1.5 1,074 546 1 3 AO 4 29,31,33P 35 Bolting w/ Din 1355 COB I 4PIm, Besnmt, 2 ] 3 L5 1,%4 w 1 3 330 4 11,13,15,1] Bolling w D.iv 1358 COB 1 0.Plm, Bsswm, 2 9 3 1.5 1.%4 546 1 3 330 4 275, 2]], V9.281 GnRn w/ ROW 1364 COB 2 2-PIa,NOBn[emen4 2 8 4 2 I:In] N/A 1 2 275 2 247,249 No w/ RaM 1367 COB 2C 4T1ex No8Nemen4 2 8 4 R LIST N/A 2 4 275 4 233.235.]39.241 Giflm Mtl 13" COB 1 4Pks, Bemement. 2 ] A 1.5 1,%4 546 1 3 330 4 RI$R2L 223, ll5 GnRn w/ RD 1216 Autlu 1 4-PIeR, Emi 2 ] 3 1.5 I,N4 Sd6 1 3 330 4 T2, N, 26.20 Bolling Dtln 1217 AnwEn 1 4PIM Boni 2 ] 3 L5 1.%4 5d6 1 3 DO 4 30,32,34.36 Bolling w/ Dnn 12P0 I WD 8 0.PIa, Wo Baamen4 3 - ] 3 1.5 1,026 546 13 De(86Gu 330 6 &10, 1], Id Lpnmey Rd 16 NTAL$ 1210 CDB I 1]649 I 19N 1 1 50 1 1 W COB a Bld p I tasee-Uw IBld Building Desdl tion 1207 1 MB I a De(86Gu P itis l9 ,r for Wilding I&8 %"c NiWimg 1206 1210 CDB Dcl hb G Pmitia ,lour forWlding 1&'8 Suppm¢Build' 12t 1212 COB a Nl WGarp Palitionm; MaG f,, b,Idimg 1&8 Sbppo RWMl 1213 121) A Wja a D nea wt ;P=wnM:am: mr blildilg Wp1&8 s BuiMmg 1216 1218 1 Au ip I a Oda WGan Pnito,M;4-w: for buildin vpaI&8 Su MBuilain 1217 1219 CDBo Dexo Ge P ftione44ev1fol boi Ed to 1 al&6 $u N BwldM 1220 6 1 NTALS Key: COB—City of Bangor,CHCS—Commmity Heil@& Counmlin& Acdma Acedia Hospimi Corpomtion 75056NITTIOWN W: Finance Committee ham: Jahn K. Hamer, Assistant City Solicitor subject: Renewal of Park Woods Management Services Construct date: July u, 2000 The Park Woods Marmgement Services Commm with the Bangor Housing Authority expired. Att hedisarenew ilw tthatisidenacalestheforus nta exce tfortwochanges. First, the tum of fine compact is arbimited, although the conhem may be terminated by either party upon witty days written nonce. Second, the minimuna msumace coverage required bas been raised to $400,000 mr ginsaul liability and automobile bodily marry, Soon$300,000. The$400,000 minimum is the current standard minimum insmance required by the City. The compensation for Burger Housing Authority's services remains $22,500 per year. Staff recummends the Committee recommend passage of this item by full Council M4