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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> 2 -� �Irmm naac lass user npainn l.7 IMae):p%IiNJrfl wliarr]Yyrl . MINIMUM MAXIMUM REMARKS LMasr{�k1rw.IF oe� ) Pedest+an nandral Rrsr]]' K A" ]" See gener 4T tall she,.,3 tall gpti...1. see general note 9 lrradi T 11'. N/A See gener e 4 eNJ �' I 'h'prcfollFrd IYrtdmfl Fughl H _34" lg' INr�it+nrswird fmw e49 plbnaY nnlrlp.In1W M FrleYsl ♦•� f0kl III — .. w1+n4 44. Pedestrian handrail -� tall shrnvn.]tall nplionA. sec ysneml note 9 L—G'!a/�W.I�tle,�---- adjacent:..lace ft..'gripping...lace Ks bars,l2'rt..to ri, ?� `r F' 6'ee4m4xd-__ 1+-.G• 'b'yyh��ryy 1 And-ylale—� 0Vpl IS b- e -eyed ps bars s x" r - 1—Attu.lWMnrgll dl.tanre NS bars,12'rtr to:r,J r mcu I r 1.—o' •YS bar.,L4'ct A p."Iaf4-���__ . 111.-irls than tread depth SECTION A-A w1 Stl'lYe I,S%nlax ��r` I ]'+ed (1 2fli flnlshxd surface sl"Ire) >I i hats,24"elf Ip Ur r (Nmuial sidewalk truss slop.•) SECTION ON CENTERLINE r� IP plawm.a Finirn yrane II�]sr �.1 Yy elpung .0 )'mrn., Visually cpnr 'r.g'Trip across The roll width of the tread nose, e lSn rrynwxl Mtr In) - - GfNDIAL NO1P5 h011 All Df.TA1L50N TIIISSIIffT: _ N/A sox -------)G llphau20r1B arAanre,•nri I.neI.&are La'ed on U fled States Access Avoid Standards. care e.oie Ito. 'Ail"nit _ .. 2.Maximum vertical use between With grade of landings shall be 12' nM sreJuraunnrarr as han Lest]Ipye y tr 1.Number u f ueps caries.Round eJgus of step,and all other exryrseJ edges to i}"radms The selenion and use oTrhis OREGON STANDARD DRAWINGS sr alrxi -- 4.All risers In a hair nighl shall be the sanle height. Standard Drawing,while de- AN I=W•414 1110k]FA Lw:lie cure i/rplk signed in accordance 1pith '4 il...d s.Nanarau nmgnl(1,m be c...mntwlc11.a.lair nighl- generally accepted engineer CONCRETE STAIRWAY �I 'p,An ronrrele:hall be commercial grade concrete. ing principles and practices, 2.All reinforcing steel 1.be placed a r lmiinu o of 2'clear of ne oll face of concrete LIM—otherwise shown or "s the so/e respnnsibilify of nc,user and should not be tD$1 _ -q 8 See StJ.Owg.RD)2U far sidewalk Jetarls, used withnu!cons./ling a See Std Dv, RO770&RD])1 for pedestrian liandrail Jetalls. Registered Professional III Provide painted r,otra,,,.g strip(mlgr shall be zxfety yellow),or approved equal. _ DETAIL OF TREADS re prgecc plan.for detail,nat.hpwn, Effective Date:DecembOr 1,2022-May 31,2023 RD120