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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.