HomeMy WebLinkAbout2026-117 AGRMT AMND #1 Knife River Materials - Hunter Park Tennis Court and Lithia Pickleball Court AMENDMENT NO. 1
to
PUBLIC IMPROVEMENT CONTRACT
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
("City")
and
Knife River Materials
("Provider")
for
Hunter Park site conditions change and stair replacement, resurfacing of Lithia pickleball
courts
RECITALS
A. The City and Provider previously entered into a Public Improvement Contract effective July 6,
2026 (the"Agreement"), for the Hunter Park Tennis Court Rehabilitation project.
B. The City and Provider now wish to amend the Agreement to increase the amount of compensation
to be paid to Provider and to extend the completion date.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and obligations set forth
herein, the parties agree as follows:
1. Amend Section 4.1 of the Agreement as follows, with strikeout wording deleted and
underscored wording added:
1.1 City shall pay Provider the sum of $730,439.38 $643-,440 as provided herein as full
compensation for the Work as specified in the SUPPORTING DOCUMENTS.
1.2 In no event shall Provider's total of all compensation and reimbursement under this
Agreement exceed the sum of$730,439.3$ $h43,439 without the express, written
approval from the City official whose signature appears below, or such official's
successor in office. Provider expressly acknowledges that no other person has authority to
order or authorize additional Work which would cause this maximum sum to be exceeded
and that any authorization from the responsible official must be in writing. Provider
further acknowledges that any Work delivered, or expenses incurred without authorization
as provided herein is done at Provider's own risk and as a volunteer without expectation of
compensation or reimbursement.
2. Amend the Term of the Agreement to extend the expiration date to October S,2026.
Page 1 of2: Amendment No. I to Public Improvement Contract between the City of Ashland and Knife River Materials
3. This Amendment No. 1 is effective upon being signed by both parties.
4. Except as specifically modified by this Amendment No. 1,the terms and conditions of the
Agreement remain in frill force and effect.
IN WITNESS WHEREOF the parties have caused this Amendment No. I to be signed in their
respective names by their duly authorized representatives as of the dates set forth below:
CITY OF ASHLAND, OREGON Knife River Material
y: �G.62�u� Cep
B By:
Sabrina Cotta, City Manager
Printed
8/11/2026 i
Date: Title: *nsr.rc• tart �per��•d. s 1wla�+c� .r
Date: 7 Z.6
Page 2 of 2: Amendment No. 1 to Public Improvement Contract between the City of Ashland and Knife River Materials
G ! IF Y O F
S " LAI!i U
DEPARTMENT OR PUBLIC WORKS
CONTRACT CHANGE ORDER NO. I
PROJECT: Hunler Park Tennis Conn Rehabilitation DATE:i{i19 8/6/26
LOCATION: Ashland OR PROJECT NO:864
CONTRACTOR: Knife Riverhlatcrials
You are requested to perform the following described work upon receipt ofan approved copy of this document or ns described by the Engineer:
Item No. Description Quantity Unit Price Amount
Repinccmcnt of(2)existing stairs with new code compliant stairs
per ODOT RD120,attached
Theta u l LS 23500 23500
Site conditions change regarding nsphalt section per attached.
Item 112 LS 14196 1.1196
Resurfacing of the Lithin pickleball courts per the attached and
the relevant specifications for Hunter coatings
Item tE3 LS 49313.38 4931339
Total this Change Order 87009.38
Previous Change Order 0
Original Contract Total &13430
Revised C7ntrnct T01n1 730439.38
PERCENTCIIANCEOTORMINALCONTRACT 12
The time provided for complelion of this contract is intretue by 5 micudar days.This document shall becomean m tnendmenl to the contract and all provisio;�fflt tell apply.
Recommended By: «� /
Division A1mma cr Dale
Accepted By
7 u.
Knife er>,1 Dale
Approved By _ �C�4l.IT Cf. ��C C lli 8/11/2026
City A'1Mager Datc
Meth Id Mf..fvW
Es1t.e.,vrsv ter P•Tls_..rMAN
vim.••W'Nv.�
l N.Al f ti.L'rCs�lY��iT:,e:..(-✓Y.::�Ir..i��R:..�CT.t\15.fY-urA.�—�\\'.f.....\
Kevin Caldwell
From: Rapp,Joshua <Joshua.Rapp@kniferiver.com>
Sent: Thursday,July 23, 2026 9:07 AM
To: Andrew Taylor;Vasefy, Farnaz
Cc: Kevin Caldwell
Subject: Re: 1705 Homes - BD-NR-2026-00391
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL SENDER]
Good Morning,
I have prepared pricing for the removal of the existing stairways and construction of new code-compliant
concrete stairs, utilizing a standard stair detail commonly used on current municipal and commercial
projects.
The proposed scope of work includes:
• Removal and disposal of the existing stairs and landings.
• Removal of the existing retaining wall as required to accommodate the new stairwidth.
• Excavation of soils necessary for construction of the new concrete stair system.
• Grading, preparation, and placement of aggregate base for the new stairs and landings.
• Reconstruction of the retaining wall to match the revised stair configuration.
• Installation of reinforced concrete stairs and landings.
• Restoration of all disturbed landscape areas to an acceptable condition.
Total Price for Two Stair Sets:$23,500
Please let me know if you have any questions or if additional information is needed or if you would like
this in a formal letter.
Respectfully,
Josh
Josh Rapp
Estimator/Project Manager
KNIFE RIVER
.MATERIALS
m YOURuwacnewpA !
Knife River Materials
Cell (541)821-0255
joshua.ra o(ftniferiver.com
1
LTM,INCORPORATED dba
Proposal
- -" KN
"- ��� ����� Oregon License#56603
California License#567735
MATERIALS
AN MDU RESOURCES COMPANY
P.O.Box 1145 Telephone (541)770-2960
Medford,Oregon 97501 Fax(541)664-4567
EQUAL OPPORTUNITY EMPLOYER BID DATE: 08/04/26
PROPOSAL SUBMITTED TO: JOB NAMEIDESCRIPTIONILOCATION:
City of Ashland-Parks&Rec Department Lithia Park Pickleball Courts
541.552-2265 Ashland,OR
Kevin.Caldwell@ashland.or.us
We hereby propose to furnlsh all materials,labor and equipment necessary for the completion of
QUANTITY DESCRIPTION TOTAL PRICE
1 LS Lithia Park Court Repair and Resurfacln_q $49,313.38
- High pressure-wash the entire court surface as needed.
- Flood court surface and mark low areas that hold water over the depth of a nickel.
- Patch and repair low areas.
- Fill all existing cracks.
- Apply one coat of Acryllc Resurfacer to the entire court surface.
- Apply two textured Color Filler coats to the entire court surface.
- Apply one textured Color Finish coat to the entire court surface.
- Lines will be laid out,taped,primed,and painted w/2 coats of Textured Line Paint.
- Striping to include 8 pickleball courts.
Proposal Excludes:
Work and/or materials outside the scope listed above
Permits,city inspections&fees
This proposal does not include unforeseeable over excavation of soft"subgrade material and/or backfill.
Note: Weather conditions may influence the completion of this work.
`Proposal includes prevailing wages.
`This proposal is based on professional construction experience and is not an engineered design.
For the sum of as above dollars($ as above )
with payment to be made as follows: PAYMENT DUE 10 DAYS AFTER BILLING DATE.
All labor&material is guaranteed to be as specified. All work to be completed In a workmanlike manner In accordance with standard practice and is warranted for
1 year from date of Installation. LTM,Inc.dba Knife River Materials Is licensed with the Slate of Oregon,Construction Contractors Board#56603. Far all extra
work of every description that may be ordered,not covered by the foregoing,the contractor will be entitled to an extra charge over and above the proposed amount.
Alterations ordered must be In writing. If adverse or unusual conditions not contemplated by the parties,and not caused by the contractor(such as soft
subgrade)require the furnishing of additional material or labor,it Is agreed that contractor shall be entitled to additional compensation. Owner or acceptor to
carry fire,tomado,and applicable construction insurance. Employees of contractor covered by state Insurance laws. The undersigned agrees to pay
contractors reasonable collection costs,Including,but not limited to,reasonable attorney fees or other professional fees,for any labor or material provided
by contractor under the terms of this Agreement. In addition,it legal action Is Instituted to enforce any term or condition of this agreement,or to collect any
amount due and owing thereunder,the prevailing party shall be entitled to reasonable attorney fees and costs as awarded by trial court,or by any appellate
court. Quotations subject to change or cancellation after 30 days. A monthly service charge Rapp
1&112%per month(18%annum)shall be paid on
balances which are past due. R Digitally signed by Joshua Rapp
Jt�$hUd
Josh Rapp Estimator/Project Manager Slgnatufe: pp Date:2026.08.04 12:57:00-07'00'
Acceptance of Proposal
The above price,specification,conditions and terms of payment are hereby accepted.You are authorized to do the work as specified.
(If accepted,please date and sign both copies. Return one copy to LTM.Inc.,dba Knife River Materials and keep one copy for your records,Thank you.)
Date: Signature:
Residential X Commercial
LTM Incorporated,dba
KNIFE RIVER
MATERIALS
AN MDU RESOURCES COMPANY
Southern Oregon Division
OR CCB#55603 i CA CSLB 0567735
August 4th,2026
City of Ashland
Parks&Recreation Department
340 S. Pioneer Street
Ashland, OR 97520
Subject: Hunter Park Tennis Court Rehabilitation Project—Change in site conditions
City of Ashland Project Team,
During the removal of existing asphalt pavement for the Hunter Park Project,Knife River has
encountered site conditions that differ from those reasonably anticipated based on the contract documents and
pre-bid observations.
The project plans direct the placement of 2.5" of new asphalt pavement but the original thickness could
not be physically verified by contractors during the bidding process.No additional information was available
at bid time to indicate that the existing asphalt is consistently thicker than the design section.Had the original
plans,considered as"as-built"verification,been provided,they would have confirmed that the expectation
was an asphalt mat that did not exceed 2.5."Based on the information available to all parties during the
bidding process,it was reasonable to conclude that the existing asphalt section would generally correspond to
the thickness specified for replacement.
However,upon removal of the existing pavement,we have discovered that the asphalt thickness varies
between approximately 3"and 4"throughout the work area.This condition could not have been readily
identified through visual inspection and was not apparent prior to pavement removal.
The increased pavement thickness has resulted in impacts that were not included in our original bid,
including:
Additional asphalt demolition(an additional 206 CY)resulting in increased trucking and disposal fees
for asphalt material.
• Additional crushed aggregate base(412 TNS are anticipated to raise the existing grade)required to
restore grade elevations and accommodate the specified 2.5"asphalt replacement section while
maintaining existing finished grades.
Had the actual pavement thickness been known at the time of bidding,the associated costs for demolition,
disposal,and aggregate base replacement would have been adjusted for our proposal.Because the actual
pavement section exceeds the thickness reasonably indicated by the available plans and specifications,we
respectfully request that the City consider this condition a compensable change to the contract and authorize
compensation for the additional work required due to these unforeseen site conditions.
Thank you for your consideration of this request and would be happy to discuss the condition further or
meet onsite to review the impacts.Please contact me by phone at(541)821-0255 or at
Joshua.rapp@kniferiver.com if you have any questions.
Sincerely,
R
Project Manager
Knife River Materials
Medford Operations ,t r
Kevin Caldwell
From: Andrew Taylor <antaylor@rh2.com>
Sent: Wednesday,August 5, 2026 11:01 AM
To: Kevin Caldwell
Subject: FW: LTO-002 Differing AC Site Conditions
[EXTERNAL SENDER]
Here is what they sent, let me know what you think. I think it is reasonable but am open to hearing your
thoughts. Feel free to call if you want.
RH2
%EW-1
Andrew Taylor I RH2 Engineering,Inc.
0:541.851.2552
C:541.892.7883
From: Rapp,Joshua<Joshua.Rapp@kniferiver.com>
Sent:Wednesday,August 5, 2026 10:58 AM
To:Andrew Taylor<antaylor@rh2.com>
Cc:Vasefy, Farnaz<Fa rna z.Vasefy@ knife river.corn>
Subject: Re: LTO-002 Differing AC Site Conditions
I think it's reasonable that KR accounts for 25%of the rock to fill the expected voids. So here is what I
was thinking:
412 tons*.75 = 309@$35 per ton = $10,815
Trucking for 206 additional CY=$2,660
Dump Fees =206*$3.5=$721
Sent from my Phone
On Aug 5, 2026, at 10:48 AM, Rapp,Joshua <,�sh .Raap knifierLvgL-OID>wrote:
Hey Andrew,
I will send a number shortly.
Sent from my Phone
On Aug 5, 2026, at 10:46 AM,Andrew Taylor<wteyLQL@rL2-Ggm>wrote:
i
i
"WARNING: EXTERNAL SENDER. NEVER click links or open attachments
without positive sender verification of purpose. DO NOT provide your user ID
or password on sites or forms linked from this email. **
Josh,
How much additional compensation were you seeking? I saw amounts, no
numbers though.Thanks.
<image001.png>
Andrew Taylor I RH2 Engineering,Inc.
O:541.851.2552
C:541.892.7883
From: Rapp,Joshua <Joshua.Rapp@kniferiver.com>
Sent:Tuesday,August 4, 2026 5:36 PM
To:Andrew Taylor<antaylor@rh2.com>; Kevin Caldwell
<kev i n.ca I dwe I I @a sh land.or.us>
Cc:Vasefy, Farnaz<Farnaz.Vasefy@kniferiver.Com>
Subject: LTO-002 Differing AC Site Conditions
Good Evening,
Please see LTO-002 for your consideration.
Respectfully,
Josh
Josh Rapp
Estimator/Project Manager
<image002Jpg>
Knife River Materials
Cell (541) 821-0255
ioshua.ranp cz.kniferiver.corn
<image001.png>
<image002.jpg>
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