HomeMy WebLinkAbout1996-07-22 96-317 ORDERCOUNCIL ACTION
Date: 7-22-96 Item No. 96-317
Item/Subject: ORDER, Awarding Rid to Lane Construction Company
of Bangor for the Annual Street Overlay and
Reconstruction Program
Responsible Department: Engineering
Co:mrentary:
We have recently solicited bids for our annual street paving
program. This program is funded from a variety of sources
including our General Fund ($350,000), the CDBG program
($160,000), and the Local Road Assistance Funds from the State
($197,000).
Bids were received from Lane Construction Company and Barrett
Paving Materials. Lane Was the low bid at an estimated cost of
$911,050. Prices proposed were slightly less than last year..
See attached bid tabulation.
I recommend bid award to Lane Construction.
Manager's Cements:
The Finance Committee has reviewed and recommends approval.
Engineering staff should be recognized for their efforts in
issuing this bid earlier than in past years.
V
f.TTY MANA9ER
Associated Information:
Oetleq Bid Tab -
Budget Approval:
Legal Approval:
_7ntmFor
xT
Passage
_ First Reading Page_of
Referral
96-311
Auigned to CwneRm Soucy July 22, 1996
�pp
CITY OF BANGOR
(TITLE.) (PrI)rrf ...................... Awarding Bid to Lane. Construction Company.of
Bangor for the Annual Street Overlay and Reconstruction Program
By Bm Cllr Comei! of W City ofBanew.
THAT
the annual bid for street paving is hereby awarded
to the Gane Construction Company in the estimated amount of
$411,050.
IN CITY COUNCIL
July 22, 1996
96-317
Passed
0 R D E R
ITY CLERK
Title, Awarding Sid to Lane Construction
Company of Bangor for the Annual Street
Overlay and Reconstruction Pragra
.......��.....�.�.�A........................
7a.
Swiped to -
.......Qybll.......
Cooncilman
"= MY OF BANGOR 96-317 4Y''
AWARD FCR= n LC6N JA=
BID ITEM(S): Paving C v Sheets
DEPARTMENT: Enwinsering&PulaRcSinvous
BUDGET REFERENCE:
Requisition No.: None Account Number. To be assumed
Budgeted Amount. $160,000 CDBG funds Available Balance: $70000000
$190,000 Maine State Block Grant
$350,000 General Fund
Total Amount of Award Recommended: $ 411,03000
Vendor Recommended: Lane Construction Comoanv
Number of Bids Sent. 2 Number of Bids Received: 2
Date Adverfised: Iu1v81996 Bid Opening Date: July 101996
Past Experience with Vendor: X Excellem—Good _ Fair_Poor_ No prior experience
Hot experience, references checked or other method of vendor reliability established
OTBER COMMIgTS:
Award the contract for paving City streets to Lane Construction Company of Bangor, the low
bidder at $29.70 par ton (regular wage rates) and $3000 per ton (Davis -Bacon wage rates required by
the Community Development Projects). -
These rates are slightly less than last year ($29.85 and M030).
Award of Contract requires Council Ord demo x$100,000.00.
Pm em
APPROVALS - - -
CITY COUNCIL FINANCE COMbBTPEB:
Date: July 15. 1996
CIN OF BANGOR
BIO TABULATION
CTDPPT PA%/INr: A RFHCRI ITATU)N
Lane Construction
Bangor, Maine
arrett Paving Material
over-Foxerofl, Maine
Item
Descri tion
Est.
OI .
Unit
Unit
Price
Item
Total
Unit
Price
Item
Total
COMMUNITY DEVELOPMENT PROJECTS
ia.
Bituminous Concrete Pavement
2,200
1 in
30.00
66,000.00
36.00
79,200.00
ib.
BRuminous Tack
1,000
al
3.00
3,000.00
3.W
3000.00
OTHER CITY STREETS
2a.
Bituminous Concrete Pavement
9,000
In
29.70
267,300.00
36.00
324,000.00
2b.
Cold PlaningPavement Service
10,000
s
1.60
16,000.00
2.65
26,500.00
2c.
Bituminous Teck
2,600
al.
3.00
7800.00
3.00
7,800.00
Zd
In lata Reclamation
5,000
s..
2.55
12,750.00
4.05
20,250.00
2e.
Ad'ustment of Catch Basin N Manholes
25
ea.
509.00
12,500.00
175.00
4,375.00
2f.
Plastic Merkin Film Arrows 8 Words
750
at
17,110
12,750.00
18.40
13,800.00
12g.
Plastic Markin Tape 4" wide
500
L.F
2.75
.1,375.00
3.00
1,500.00
2h.
Plastic Markin Tape 24" wide
600
L.F.
16.50
9,900.00
17.85
10,710.00
21.
4" Painted Fast D Traffic Lines while
350
L.F.
0.50
175.00
0.55
192.50
2'
4" Painted Past D Traffic Lines Yellow
3,000
L.F.
0.50
1,500.00
0.55
1,650.00
TOTALAMOUNTBID
411,050.0092,977.50
96-318
in the Council's agenda packet for July 22, 1996 as a proposed
amendment by substitution. The proposed separate ordinance on
targeted residential pickets, attached to this c entary, would
require two readings by' the City Council, and therefore is printed
for first reading on July 22, 1996.
By direction of the Municipal Operations Committee on July 16,
1996, boththe revised
sed version of council Ordinance 96-199 and the
attached Ordinance on targeted residential pickets are reported
back to the full council without recommendation.
PINAt AMENDED COPY
'
CHAPTER
VI
ART1CtS
11-A
- TARGETED
RESIDENTIAL
PICKETS
Bee, 1. LeaislatiVe Pindirws.
The City Council of the City of Bangor hereby finds as follows:
(1) The City of Bangor has a significant governmental interest
in protecting its residential neighborhoods through measures that
will preserve the sense of safety, well-being, tranquility and
privacy that Bangor residents currently enjoy within their
individual homes;
(2) The City of Bangor also recognizes and seeks to protect
the rights of individuals and organizations to peaceably assemble,
petition, debate, demonstrate and communicate their views on social
and political issues;
(3) Recent organized protests within the City of Bangor, for
the first time in memory, have targeted individual residents of the
City of Bangor by means of pickets stationed outside individual
homes of the residents concerned;
(4) The practice of targeted picketing before or about
individual private residences and dwellings causes emotional
disturbances and distress to the occupants of those residences and
dwellings and subjects them to unwanted, intrusive communications
which the occupants cannot avoid;
(5) The presence of targeted pickets before or about targeted
residences or dwellings has a disturbing effect on the peace,
tranquility and security of other persons residing in the vicinity
of the targeted residence;
(6) Targeted pickets of individual residences and dwellings
constitute an invasion of individual privacy, have a harassing
effect on the occupants of the residences and dwellings picketed,
and tend to incite breaches of the peace;
(7) Other City ordinances currently in force do not
effectively address the activity of targeted picketing of
individual residences and dwellings;
(8) A narrowly -tailored prohibition of targeted picketing of
individual residences and dwellings will leave ample alternative
means of communication for those wishing to utilise the City of
Bangor's public streets, parks and sidewalks for marches, protests,
pickets or demonstrations or to otherwise express their views; and
(9) A prohibition of targeted picketing of individual
residences and dwellings is necessary to protect Bangor residents
in the peaceful, quiet enjoyment of their individual homes.
In accordance with the foregoing legislative findings, the City
Council of the City of Bangor has adopted this ordinance
prohibiting the practice of targeted residential picketing within
the City limits.
Sec. 2. Definitions.
(1) "Person' means any natural person, firm, partnership,
association, corporation, company or organization of any kind.
(2) •Ticket' means one or more persons stationed, asembled,
gathered, standing, marching, demonstrating or patrolling outside
of a building or other fixed location, carrying or displaying
signs, banners, posters or photographs, or distributing written,
graphic or printed information, about the fixedlocation or
activities or persons therein, or utilizing any sound amplification
device to communicate such information.
(3) "Picketer' means a person engaging in a picket.
(4) "Residence or Dwelling" means any premises containing a
permanent building used by its occupants for nontransient
residential use as a primary use. The term "residence or dwelling'
includes apartments and apartment complexes. The term'residence
or dwelling" does not include any building or premises that is
regularly open to members of the general public asa place of
business utilized as such by its occupants.
(5) 'Sidewalk" means any area, way or bridge set-aside or open
to the general public for purposes of pedestrian traffic, whether
or not It is paved.
(6) 'Sound amplification device' means any electrical o
mechanical device capable of amplifying and projecting ambient,
spoken, recorded, or other sound. The term includes, without
limitation, loudspeakers, megaphones, microphone systema, and sound
trucks.
(7) 'Street" means any area, way or bridge set aside or open
to the general public for purposes of vehicular traffic, including
any berm, shoulder, parkway, right-of-way, traffic island or median
strip thereof.
(8) "Targeted" means activity that is directed at a particular
-residence or dwelling or the occupants thereof, including but not
limited to the following activities:
(a) Naming an occupant of the targeted residence or
dwelling in signs, banners, posters or written or printed
information carried, displayed or distributed by one or more
picketers.
r -3-
(b) Protesting a specific occupation or activity
regularly engaged in by an occupant of the targeted residence or
dwelling.
(c) Inviting members of the public to confront an
occupant of the targeted residence or dwelling concerning past or
prospective conduct, acts, or omissions to act by the resident
concerned.
(d) Intentionally obstructing or making more difficult an
occupant's ingress to or egress from the targeted residence or
dwelling.
(9) "Targeted residential picket" means a targeted picket
conducted in violation of section 3(1) of this ordinance.
Sec. 3. Prohibitions.
(1) Targeted residential pickets Prohibited. Except with the
prior consent of all occupants of the residence or dwelling
concerned, no person shall organize, participate in or engage in a
targeted picket on any public street, park or sidewalk within three
hundred feet (3001) of the residence or dwelling of any individual
in the City of Bangor. For this purpose, the distance to such
residence or dwelling shall be measured from the picketers
location at the time of the picket to the nearest exterior property
line of the residence or dwelling concerned.
(2) Parades and public assemblies restricted. Except with the
prior written consent of all occupants of the residence or dwelling
concerned, no person participating in a parade or public assembly
for which a permit has been issued under Chapter VI, Article 11 of
the Laws and Ordinances of the City of Bangor shall, as part of
that parade or public assembly, intentionally pass within three
hundred feet (300') of a residence or dwelling, more than twice
during any single day's event, if the residence or dwelling
concerned or its occupants are targeted by the parade or public
assembly. For this purpose, the distance to such residence o
dwelling shall be measured from the route or location of the parade
r public assembly to the nearest exterior property line of the
residence or dwelling concerned.
(3) Property lines. In all cases in which the exterior
property line of a targeted residence or dwelling is not evident
from boundary markers, fence lines, or other indicia visible at the
location concerned, the exterior property lines of the residence or
dwelling shall be deemed to be located as depicted in the City of
Bangor tax maps as kept and maintained in the office of the City
Assessor. It shall be the affirmative obligation of any Person
organizing, sponsoring or participating in a picket, Parade o
public assembly targeted at a specific residence or dwelling to
.lz..
• _4_
ascertain the locationofsuch property lines prior to such picket,
parade or public assembly. Mistakes concerning the location of
such property lines arising from failure to ascertain their
location as required herein shall not be a defense to prosecution
under this ordinance.
Sec. 4. Penalties
Any person, firm, or corporation convicted Of violating this
Ordinance shall be fined in an
aunt not exceeding One Hundred
Dollars ($100.00). The maximum fine shall be increased t0 Five
Hundred Dollars ($500.00) for each repeat offense within aone-year
period. Each day's violation for which a separate citation is
issued shall constitute a separate offense. -
96-318
CHAPTER VI
ARTICLE 11-A - TARGETED RBSIDESTIAL PICKETS
Sec. 1. Legislative Findings.
The City Council of the City of Bangor hereby finds as follows;
(I) The City of Bangor has a significant governmental interest
n protecting its residential neighborhoods through measures that
will preserve the sense of safety, well-being, tranquility and
privacy that Bangor residents currently enjoy within their
individual homes;
(2) The City of Bangor also recognizes and seeks to protect
the rights of individuals and organization to peaceably assemble,
petition, debate, demonstrate and communicate their views on social
and political issues;
(3) Recent organized protests within the City of Bangor for
the first time in memory, have targeted individual residents of the
City of Bangor by means of pickets stationed outside individual
homes of the residents concerned;
(4) The practice of targeted picketing before or about
individual private residences and dwellings causes emotional
disturbances and distress to the occupants of those residences and
dwellings and subjects them to unwanted, intrusive communications
which the occupants cannot avoid;
(5) Targeted pickets of individual residences and dwellings
constitute an invasion of individual privacy, have a harassing
effect on the occupants of the residences and dwellings picketed,
andtend to incite breaches of, the peace;
(6) Other City ordinances currently in force do not
effectively address the activity of targeted picketing of
individual residences and dwellings;
(7) A narrowly -tailored prohibition of targeted picketing of
individual residences and dwellings will leave ample alternative
means of communication for those wishing to utilize the City of
Bangor's public streets, parks and sidewalks for marches, protests,
pickets or demonstrations at to otherwise express their views; and
(8) A prohibition of targeted picketing of individual
residences and dwellings is necessary to protectBangorresidents
in the peaceful, quiet enjoyment of their individual homes.
In accordance with the foregoing legislative findings, the City
Council of the City of Bangor figs adopted this ordinance
prohibiting the practice of targeted residential picketing within
the City limits.
_2_
sec. 2. Definitimis
96-318
(1) "Person" means any natural person, firm, partnership,
association, corporation, company or organization of any kind.
-(2) "Picket" means one or
e persons stationed, assembled,
gathered, standing, marching, demonstrating or patrolling outside
of a building or other fixed location, carrying or displaying
signs, banners, posters or photographs visible to passing
motorists, or distributing written, graphic or printed information
about the fixed location or activities or persons therein, or
utilizing any sound amplification device to coammunicate such
information.
(3) "Picketer" means a person engaging in apicket.
(9) "Residence or -belling" means any promises containing a
permanent building used by its occupants for nontransient
residential use as a primary use. The term "residence or dwelling"
includes apartments and apartment complexes. The term didence
or dwelling" does not include any building or premises that is
regularly open to members of the general public as a place of
business utilized as such by its occupants.
(5) "Sidewalk" means any area, way or bridge set aside or open
to the general public for purposes of pedestrian traffic, whether
or not it is paved.
(6) "Sound amplification device" means any electrical or
mechanical device capable of amplifying and projecting ambient,
spoken, recorded, or other sound. The term includes, without
limitation, loudspeakers, megaphones, microphone systems, and sound
trucks.
(7) "Street" means any area, way or bridge set aside or open
to the general public for purposes of vehicular traffic, including.
any berm, shoulder, parkway, right-cf-way, traffic island or median
strip thereof.
(8) "Targeted" means activity that is directed at a particular
residence or dwelling or the occupants thereof,including but not
limited to the following activities:
(a) mending an occupant of the targeted residence or
dwelling in signs, holders, posters or written or printed
information carried, displayed or distributed by one or more
picketers.
(b) Protesting a specific occupation or activity
regularly engaged in by an occupant of the targeted residence or
dwelling.
96-318
-3-
(c) Inviting members of the public to confront an
occupant of the targeted residence or dwelling concerning past or
prospective conduct,. acts, or omissions to act by the resident
concerned.
(d) Intentionally obstructing or making more difficult an
occupant's ingress to or egress from the targeted residence or
dwelling.
(9) "Targeted residential picket- means
a targeted picket
conducted in violation of section 3(1) of this ordinance.
Sec. 3. prohibitions.
(1) Taraeted residential Pickets Prohibited. Except with the
prior consent of all occupants of the residence or dwelling
concerned, no person shall organize, participate in or engage i
s
targeted picket P any public street,. park or sidewalk within one
hundred feet (1001) of the residence or dwelling of any individual
in the City of Bangor. For this purpose, the distance to such
residence or dwelling shall be measured from the picketer's
location at the time of the picket to the nearest exterior property
line of the residence or dwelling concerned.
(2) Parades and Public assemblies restricted. Except with the
prier written consent of all occupants of the residence or dwelling
concerned, no person participating in a parade or public assembly
for which a permit has been issued under Chapter VI, Article 11 of
the Laws and ordinances of the City of Bangor shall, as part of
that parade or public assembly, intentionally pass within o
hundred feet (1001) of a residence or dwelling, more than twice
during any single day's event, if the residence or dwelling
concerned or its occupants are targeted by the parade or public
assembly. For this purpose, the distance to such residence or
dwelling shall be measured from the route or location of the parade
or public assembly to the nearestexterior boundary of the
residence or dwelling concerned.
(3) Promertv lines. In all cases in which the exterior
property line of a targeted residence or dwelling is not evident
from boundary markers, fence lines, or other indicia visible at the
location concerned, the exterior property lines of the residence or
dwelling shall be deemed to be located as depicted in the City of
Bangor tax maps as kept and maintained in the office of the City
Assessor. it shall be the affirmative obligation of any person
organizing, sponsoring or participating in a picket, parade or
public assembly targeted at a specific residence or dwelling to
ascertain the location of such property lines prior to such picket,
parade or public assembly. Mistakes concerning the location of
such property lines arising from failure to ascertain their
location as required herein shall not be a defense to prosecution
under this ordinance.
96-318
_4_
Sec. 4. Penalties.
Any person, firm, or corporation convicted of violating this
Ordinance shall be fined in an amount not exceeding One Hundred
Dollars ($100.00). The maximum fine shall be increased to Five
Hundred Dollars ($500.00) for each repeat offense within
one-year period. Each day's violation for which a separate
citation is issued shall constitute a separate offense.