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Home My WebLink Aboutcclc.mall bricks.1976 f 3 CiTy OF "ASPEN l 130 south galena street aspen , colorado,s' 81611 December 28, 1976 TO WHOM IT MAY CONCERN: This will serve as a letter of agreement between Bill Walton and the City of Aspen. According to Walton's records, he has delivered 463,753 bricks as of carload #31, and the City of Aspen has paid him up to and including carload 426. Walton's agreement with the City of Aspen was to provide them with 500,000 bricks (two separate purchase orders of 300,000 and 200,000). It would be to both Walton's . and the City of Aspen's advantage to receive the balance of this order in the spring of 1977. There were brick delivered to the City of Aspen that were worn which did not meet the City's standards, and Walton agreed to replace these bricks with twenty (20) pallets (276 bricks per pallet) . It was agreed that the City would sort out an equal amount of-worn bricks and return these bricks to Walton when convenient with the City; it is assumed that this would be when the City moves and stacks the brick. OThe City of spen wil treat the dep sit as fol ws: the are app oYimatel less than ree (3 cars re fining of bric which is 3% of the otal or r of $3 500; the Cit would erefore aint n a 8.3 deposit o the remai 'ng bric of thr �-� carloads ich wo ld amoun to $ 278.50. S -As of this date, all deposits cleared, the City of Aspen would owe Bill Walton $8, 437. 74. Philip ahoney, Mager . R. (Bill) Walton CITY OF "ASPEN 130 south galena. street aspen , c0,1orado.;,"' 8 16 11 September 1, 1976 Mr. John A. Wertymer Thomas L. Jacobs & Associates 53 West Jackson Boulevard Chicago, Illinois 60604 Dear Mr. Wertymer: I am in receipt of your letter of August 25 , 1976, requesting information on the St. Louis bricks which we recently purchased for our mall area. We do not have a surplus of these bricks, however, there is a possibility that you may secure some seconds from Mr. Bill Walton who purchased these bricks for the City of Aspen. His address is Box 665 , Aspen, Colorado 81611. If I may be of further assistance , please do not hesitate to contact me. Sincerely, Philip S. Mahoney City Manager PSM/pm cc: Mr. Bill Walton THOMAS L. JACOBS & ASSOCIATES Management Counsel to Governments 53 W. Jackson Boulevard/Chicago, Illinois 60604 Suite 1339 312/786-0233 August 25, 1976 City Manager City of Aspen Aspen City Hall Aspen, Colorado 81611 Dear Sir: I understand that recently you purchased paving bricks from St. Louis and now find that you have a surplus. I am paving a drive- way approach to my house and wonder if it might be feasible to purchase some of your excess bricks at a low enough price so that it would pay to truck them back to Chicago. What would you charge? I would need about 2000 square feet. And if the bricks can be sawed in half, I could use another 3000 square feet. And lastly, please send a chip so that I can verify the exact color. Sinc ref y, John A. Wertymer/ :ba 1 41,7110RANDU1 f TO: JIM FUR14ISS MID TOI-TY COLE1,W1 FROM: MTCY MAITONr.Y DATE: JULY 13 , 1976 RE,: BRICK LAYING Bert Bidwell claimed that the City had given him an estimate to lay bricks around his place of business.and that the estimate was five times higher than an estimate from a local contractor. Stacy requested I inquire the details. PSPI/Pm i 60'!5 HENIORMIDUM TO: Jim Furniss FROM Mick Mahoney DATE, P-lay 2-0 , l n 7 6 RE: '3ri.cks Per Al Blomquist the County will buy from 15,000 to 20 ,000 mall bricks to be placed around the Court I'.ouse, if they are available. I Please handle. P Sid/pn f II I ev. April 14, 1976 Mr. Bob Throm Cooley Investment Company 405 South Hunter Aspen, C11orado, 81611 Dear Bob: I received the following information from Jim Furniss, Mall Pro- ject Manager, regarding your question at yesterday' s Town Meeting: 1) Proposed 5-street malled area is 115 ,000 square feet. 2) At A bricks per square foot, it will take 450,000 bricks for the 5-street area. 3) The 3-street present mall area is 70,000 square feet. 4) Cost estimates as of 3-3-76 for the brick laid is $464 ,000. 5) Brick cost is 39.5 per brick, plus 2.1� per brick delivery cost from Woody Creek to construction area. At this time we do not have a firm bid for laying the brick. It is my understanding that bidding will be received April 21, 1976* Jim Furniss' contract up until the time of construction is $1500.00 monthly; however, at the time of construction, April 15 , 1976, his monthly salary will be $2500.00.mo%tUJ!t I might have mislead some people by stating his salary at $1500 per month at the meeting. Sincerely, Philip S. Maboney City Manager PSM/pm t CITY SPEN 130 so street aspen, 81611 Mick, I received the following information from Furniss regarding the brick question at the Town Meeting: 1) Proposed 5-street Malled area is 115 ,000 sq. ft. 2) At 4 bricks per sq. ft. , it will take 460,000 bricks .__ 3) Three street present Mall area is 70 , 000 sq. ft. 4) Cost estimates as of 3/3/76 for brick LAID is $464 , 000 . 5) Brick cost is 39 . 5 per brick, plus 2. 1� per brick delivered from Woody Creek to construction area. By the way, Furniss ' contract states that effective 4-12-76 , his monthly salary is $2500. 00. Thought you might want to have this info handy in case some "concerned citizens" called. Patsy 4-13-76 J 1, CITY.. OF' ~'ASPEN 130 south galeii4 street aspen , ,*. 'co I or ad o.,-4 81611 March 17, 1976 Mr. Robert Throm Cooley Investment Corp. P. O. Box 3231 Aspen, Colorado 81611 Re: Competitive Bidding Dear Mr. Throm: I am advised by City Manager Mahoney that you had an inquiry concerning the appropriateness of the City' s entry into a contract to purchase mall bricking without submission of the contract to competitive bidding. I think a detailed response to your inquiry is appropriate. I beg your indulgence while I re- cite legal authorities relevant to the inquiry. Competitive Bidding Requirement In the absence of a Constitutional, Statutory, Charter, Code or Ordinance requirement, municipal contracts need not be let under competitive bidding. In such cases municipal corporation authorities are only required to act in good faith and in the best interest of the municipality, and it is within their discretion whether or not to let the contract by means of competitive bidding. ncQuillan, Municipal Contracts, Section 29.31, Hertz v. Tucson (Ariz.) 299 P2d 1071, Thatcher v. Salt Lake City (Utah) 455 P2d 769. There are no Constitutional or Aspen Charter or Code provisions requiring competi- tive bidding. However, there is a state statutory requirement which provides: 139-76-3 Public improvements by contract - All work done by the city in the construction of works of public improvement of every kind shall be done by contract to the lowest responsible bidder on open bids after ample advertisement. The City shall not be required to advertise for and receive bids for such technical, professional, or incidental assistance as it may deem wise to employ in guarding the interest of the City against the negligence of contractors in the performance 9 of such work. Mr. Robert Throm March 17 , 1976 -Page 2- Exceptions to the Requirement ?Although there are a myriad of Colorado (and other states' cases) on when a municipality is excused from bidding requirements, for our purposes here we can note the traditional situations in which bidding is not required. 1. Competitive bidding is not necessary when the item to be purchased by its nature is subject to different methods of construction making it impossible to draw specifications to permit competitive bidding. In such cases, the council or manager has the right and duty to exercise its discretion. _Kingsley v. Denver, 247 P2d 805 (Colo. 1952) . 2. Competitive bidding is not required ,when there i in only one available company capable of supplying the } subject matter of the contract. !IcQuillan, I•Iunicipal Corporations, Section 29. 31. 3. Finally, the contracting of people who are skilled in a science or profession may be done without competitive bidding. ncilichols v. Denver, 274 P2d 317 (Colo. 1954) ; San Francisco v. 3oyd, 110 P2d 1036 (Calif. ) . Purchase of the Mall Bricks It was under the second exception that Mick proceeded to s contract with Bill Walton. The City' s architects (employed as part ; of the mall construction program) initially made inquiries of local and regional (Denver and Salt Lake) brick manufacturers and found all brick available unsatisfactory because (a) it did not meet our aesthetic criteria (the brick was either too thin or not the right size or color) , and (b) much of the brick offered was known to not hold up under climatic conditions similar to Aspen' s. In February, *ir. Walton advised us that he had access to what is called the St. Louis paver - a 3;j11x44x9" prick pressed hydraulically in the years between 1890 to 1910. The brick was stored in a St. Louis stockyard; a yard scheduled to be torn down for redevelopment so that the brick had to be removed by April 1st. The bricks were inspected by Don Fisher (former Professor of Engineering in Missouri) and received his unqualified endorsement. It was under these conditions, namely, (a) that the brick were made at the turn of the century, (b) were of the exact size and color desired, (c) and promised, because of the method used in that Mick their manufacture, to withstand local climatic conditions, Mr Robert Throm March 17, 1976 -Page 3-, determined the supplier to be unique, ;warranting direct contract- ing and omission of competitive bidding. I would be happy to discuss this matter with you and solicit your further inquiries. Very truly yours, Sandra M. Stuller City Attorney SS/pk cc: M. Mahoney N. Johnston _ 7 MEMORANDUM TO: SANDY STULLER FROM: MIT= MAHONEY DATE: MARCH 17 , 1976 RE: PROCESS USED TO SFLFCT BRICKS FOR THE MALL The architectural firm of Robin Mo&ny and Tony Coleman spent several months inquiring into suitable brick. It is my under- standing that they inquired of our regional brick manufacturers in Denver and Salt Lake, and contract brick manufacturers locally. They received specifications from them and their concerns, which they related to me , were as follows : 1) The bricks that were available did not meet the asthetic considerations in that they were either too thin or not the right size, and 2) That they had personally witnessed failure of some bricks that could not hold up to our climate conditions. We were informed in February by Mr. 'slalton that he had access to what is called the St. Louis paver -- a V4-"x4"x9" brick pressed hydraulically from about 1890 to 1910 . These bricks were presently in place in St. Louis in a stockyard. The stockyard is to be torn down for redevelopment. The brick had to be removed by April 1st. This St. Louis brick immediately captured our imagination in terms of quality and asthetic considerations. If a brick is beautiful, then this is. We had Don Risher, who was a Professor of Engineering in Missouri and whose students are street superintendents and active in en- gineering in Missouri , inspect and test the brick to give us an evaluation. I personally hear:' from Mr. Fisher a total endorse- ment of this brick. based, therefore, on my personal knowledge of the risks entailed and the fact that the brick suited the architectural considerations and the urgency of the decision, I negotiated with Mr. Walton for the brick. The terms are as stated in our agreement of March 3 , 1976. PSM/Pm CITY OF": _N 130 so t � OA.a street aspen , � "Ir 81 611 March 3, 1976 DELIVERED BY HAND W. R. Walton & Company P. O. Box 665 307 S. :spring Street Aspen, Colorado 81611 Dear Bill: Pursuant to our conversation yesterday, I would, by means of this letter and your acceptance of its terms, wish to commit the City, to the extent possible at this time, to purchase of paving bricks for improvements to the mall under the following terms and conditions. Item Description: yard burned paving bricks, 3,1,2 11 x 411 x 9 11 . Quantity: 300, 7000 bricks, with an option to purchase an additional 200, 000 brick. Condition: used. These bricks have been used in place for approximately 70 years and evidence varying degrees of wear. The whole quantity shall conform to the range of color, condition and wear exhibited by the 10 sample bricks previously delivered by you. All bricks shall be full size and suitable for pedestrian mall paving purposes. Some surface chipping is present but no broken or badly damages: bricks will be delivered. No other warranties ex- press or implied have been made. Unit Price: $0. 395 per brick delivered f.o.b. railroad cars Woody Creek, Colorado. Delivery: Bricks will be delivered f.o.b. railroad cars at Woody Creek, Colorado palletized and banded. Car unloading and transport to final destination will be the City' s responsibility. Any demurrage at Woody Creek will be charged to the City. W.R. Walton & Company March 3 , 1976 -Page 2- Delivery Dates: Delivery will be made in several carload lots, commencing on or before May 15, 1976. Delivery will be completed on or before June 30, 1976. The City will be notified in writing of the delivery date of each rail ship- nent of bricks at least 2 days in advance of arrival of each shipment at Woody Creek. No single shipment shall contain more than 5 car- loads and shipments shall be spaced at not less than 2 day intervals. Payment: 20% of total purchase price in advance concurrently with the issuance of the City' s purchase order for these bricks; 'valance due on each lot to be paid in full upon delivery. xallet Charges: City to pay for pallets at W. R. Walton & Company cost, payment due on delivery and title to pallets thereupon passes to City. Freight: Packing, handling and freight charges to Woody Creek are included in the Unit Price. Risk of Loss: W. R. ilalton & Company to bear risk of loss until car is spotted on railroad siding at Woody Creek; thereafter City to bear risk of loss. Option for Additional Quantity: The City may purchase an additional 200, 000 bricks on the same terms and conditions as are set forth above except that delivery dates on the additional quantity may be adjusted by mutual agreement. This option shall be effective on the date of your acceptance of this agreement and continue until April 26, 1976, or as soon thereafter as the City Council shall determine whether or not to expand the mall to include Cooper and Galena Streets. This option, if not exercised, shall terminate by its own terms on May 1, 1976. The foregoing offer is made with the understanding that monies for the mall improvements have not yet been appropriated by the City of Aspen and that, consequently, I work with limited authority. If this offer is acceptable, please indicate your acceptance by signature below. Very truly yours , Philip S. Mahoney, Ph.D. City Manager W. R. Walton & Company March 3, 1976 -Page 3- Accepted this �"� / 1976 , by W.R. Walton on behalf of W. R. Walton and Company. W. R. WALTON SS/pk ,gyp ES POS74_0 M6MDVRT HSS 2-043OUSE063 03/23/76 W V ~ s iG5 IPMKNCZ CSP western union Mai ram u-- m 4153329753 MGM TDRN SAUSALITO CA 100 03-23 0456P MESSR MICK MAHONEY ANO .TIM FURNESS ASPEN CITY MALL ASPEN CO 81 b 1 1 PLEASE BE ADVISED THAT I HAVE REACHED A FINAL AGREEMENT WITH THE NATIONAL STOCKYARDS CUMPANY COVERING THE PURCHASE. OF 300. 000 13RICK PAVERS WITH AN UPTIUN ON ANOTHER 200, 000 . I SHALL CALL JIM FUkNESS LATER THIS WEEK AND OBTAIN HIS ARRIVAL TIME AND FLIGHT NUMBER TO ST LOUIS AND PLAN UN MEETING HIM AT LAMBERT FIELD IN ST LOUIS MONDAY MARCH 29 1976, SINCERELY W R wALTON 1b56 EST MGMDVkT HSb VIA t •No enEN•w 000 rtvo I,T.Lou I S,M'SSUV RI Ell(15 TELEPHJNE i31 rl 72 $SCf NEWPORT OEACw,,""03 TELEPNO N E;714140•d!.31 W. I2. A LTONI C O 'INI P 1 NY .Ox 66$.307 so$.., o AS PEN,COLORADO 61F NII TELEPHONE(303)925-23$1 February 26, 1976 Mr. Philip S. Mahoney City Manager, City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Mahoney: Pursuant to our recent meeting and telephone discussions I am submitting the following proposal on behalf of W. R. Walton & Company to sell to the City 300, 000 brick pavers. Item Description: Hard burned paving bricks, t 3�" x 4" x 9 " . Quantity: 300 ,000 bricks, with an option to purchase an E additional 200,000 bricks. Condition: Used. These bricks have been used in place for approximately 70 years and evidence varying degrees of wear. The whole quantity shall conform to the range of color, condition and wear exhibited by the 10 sample bricks previously delivered to you. All bricks shall be full size and suitable for pedestrian mall paving purposes. Some surface chipping is present but no broken or badly damaged bricks will be delivered pursuant to this offer if the same is accepted by the City. No other warranties express or implied. Unit Price : $0. 44 per brick delivered f.o.b. railroad cars Woody Creek, Colorado. Delivery: Bricks will be delivered f.o.b. railroad 1 cars at Woody Creek, Colorado palletized and banded. Car unloading and transport to final destination will be the City' s responsibility. Any demurrage at Woody Creek will be charged to the City. i Delivery Dates : Delivery will be made in several carload lots, commencing on or before May 15, 1976. Delivery will be completed on or before June 30 , 1976 . The City will be notified in writing of the delivery date of each rail shipment of bricks at least 2 days in advance I P Mr. Philip S. IN. )ney February 26, 19 , ,, Page Two of arrival of each shipment at Woody Creek. No single shipment shall contain more than 5 carloads and shipments shall be spaced at not less 2 day intervals. Payment: 20% of total purchase in advance concurrently with the issuance of the City' s purchase order for these bricks; balance due on each lot to be paid in full upon delivery. Pallet Charges: City to pay for pallets at W. R. Walton & Company cost, payment due on delivery and title to pallets thereupon passes to City. Freight: Packing, handling and freight charges to Woody Creek are included in the unit Price. Risk of Loss : W. R. Walton & Company to bear risk of loss until car is spotted on railroad siding at Woody Creek; thereafter City to bear risk of loss. Option for Additional Quantity: The City shall have the option to purchase an additional 200, 000 bricks on the same terms and conditions as are set forth above except that delivery dates on the additional quantity may be adjusted by mutual agreement. The option period shall commence on the date hereof and shall terminate on April 26, 1976. If the foregoing is acceptable to the City of Aspen I will look forward to receivin g y our purchase order incorporating the above terms. This offer will expire on March 1, 1976 . t P Yours very truly, W. R. Walton & Company By �" ! "t E P W. R. Walton 3 rV