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HomeMy WebLinkAbout#16 - Sunfish Lake Park Mountain Bike Trail STAFF REPORT DATE: 3-4-2020 REGULAR TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Sunfish Lake Park Trail Request for Proposal (RFP) – Proposal Review REVIEWED BY: Kristina Handt, City Administrator Parks Commission BACKGROUND: Over the course of 2018 and 2019 the City actively discussed and ultimately approved the construction of a bike trail plan and an RFP for Sunfish Lake Park (November 5th, 2019). After the project received approval, the RFP was published from December 2019 to January 2020. During that time the City received one bid for review. ISSUE BEFORE THE PARKS COMMISSION: Would the City Council like to accept the recommended proposal from Trail Source LLC.? PROPOSAL DETAILS/ANALYSIS: The bid that was received to implement the approved trail plan came from Tim Wegner, owner operator of Trail Source. As a side note Tim has been involved with the City regarding trail development in other parks as well. During the review of Reid Park and the High School trail proposal Tim assisted with their trail design. Consequently, that was the same time the City was reviewing Sunfish Park for its viability to acquire trials. Although Tim was the only builder to submit a bid to the City, Staff is inclined to recommend the offer. Tim has visited the park and designed the initial trail layout that was proposed to the City for review. Furthermore, Tim has provided a written response to the RFP which is briefly addressed below. Nonetheless, Staff encourages the Council to review page 4 of the Trail Source response as it lists out the lead workers and their skill sets. Trail Source History: - Trail Source has been in business since 2000. - A member of the Professional Trail Builders Association in 2002. - Owner served on the American Trails Board for 4 years. - Served on the Minnesota Off Road Cyclists (MORC) board for 10 years. - Member of the Minnesota Recreational Trail Users Association for 10 years. - 10 year International Mountain Bicycling Association (IMBA) volunteer. The RFP made many references to the IMBA guidelines, Tim’s business Trail Source was used as a reference in “IMBA’s Guide to Building Sweet Single Track” as a source for IMBA affiliated trail building. Trail Source is also referenced in a blog post on the IMBA website from 2011 (Click Here). During Tim’s time with IMBA he taught school 1-2 times a year for sustainable trail design. Relevant Projects: There are many projects listed in the submittal but Staff has chosen to pull out a few for review in the report. Hillside Park, Elk River – Was experiencing significant erosion issues, Trail Source stepped in to reconstruct the trials which subsequently eliminated the existing erosion issues. Now erosion maintenance no longer remains in focus. A reference letter from the trail manager is attached. Theodore Wirth Park, Minneapolis – Trail Source built and designed the trial system with coordination from the City Staff. Theodore Wirth Park is actively used by more than just bike riders and is a popular park within the metro area. 2 Lebanon Hills, Dakota County – Similar to Sunfish Lake Park, Lebanon Hills had existing user groups. The bike trails were designed around the existing walking trails to minimize the impact to the existing users. This park also happens to be one of the most widely used parks in the Metropolitan area. A reference letter from the project manager is attached. Staff Comments – Staff spoke to Josh Kelly regarding Trail Source. Josh had positive things to say about the trail builder. Stating that Tim has worked with them since 2008, commenting that Tim is a solid contractor who incorporates sustainable trail building techniques into the trail. Sections of the trail were plagued with erosion, to which gravel was brought in periodically to fix the issue. Tim was inevitably allowed to come in and redesign the trails, now there is no issue of erosion. FISCAL IMPACT (Estimated): Trail Source submitted a bid for $111,682.21. This is a favorable bid as it came in $8,317.8 below the approved expenditure to build the trails. Trail Source will be providing a two year warranty after construction. Once the warranty period has expired the yearly maintenance cost(s) are not expected to exceed $2,500. PARKS COMMISSION AND STAFF RECOMMENDATION: Parks Commission: The Parks Commission reviewed the proposal and voted for approval by a 5-0 vote. There were quite a few questions from the Commission which Tim Wegner was able to answer. With many of the questions being specific to how the trial would be built, Staff did not have much to say beyond the report. Staff Comment: At this time, and although only one bid was received, Staff is confident that Trail Source will provide strong value to the City throughout the build and would not have any reservations accepting Trail Source as the contractor. “Motion to approve Resolution 2020-024 which approves a contract between The City of Lake Elmo and Trail Source LLC. For the construction of trails within Sunfish Lake Park” ATTACHMENTS: Advertised RFP (Staff removed pages 22-32 to reduce the document size) RFP Submittal Response Lebanon Hills Reference Letter Hillside Trail Reference Letter Resolution Awarding Contract Contract February 12, 2020 Letter of Recommendation For: Trail Source 13282 Derryglenn Ct Rosemount, MN 55068 Mr. Prchal, I understand that Trail Source has an opportunity to help Lake Elmo with a trail building project and I want to speak up on their behalf. My perspective on Trail Source has been informed by eleven years of experience with them working for Dakota County Facilities Management and Parks Departments. I am pleased to provide a letter of recommendation for Trail Source, builder of recreational trails and boardwalks. Over the past eleven years Trail Source has been the go to resource for trail development and trail rehabilitation for Dakota County. Time and again Trail Source went above and beyond to provide superior craftsmanship and increased sustainability for the trails in our parks, both hiking and mountain biking. Trail Source always employs their experience with sustainable trail Best Management Practices (BMP) to find the best solutions for any project, either new trails or rehabilitation of failing existing trails. One project I am particularly proud of is the rehabilitation of the trail system at Lebanon Hills Regional Park. Trail Source was able to turn a maintenance and erosion nightmare into one for the most used trail systems in the metro. When Trail Source arrived at the site it became immediately clear that they were able to visualize solutions based on what they knew worked. They quickly outlined and implemented an approach which over time has proven to save on staff time and use of tax payer dollars. The on-site personnel of Trail Source did a great job in keeping the existing parking area and trail operational throughout the project. The project workmanship was excellent, and all issues were addressed in a timely manner. In summary, Dakota County would not hesitate to recommend the services of Trail Source to you and others and plan to hire them again in the future. Sincerely, Josh Kinney, PLA, ASLA Senior Project Manager – Dakota County Capital Project Management DAKOTA COUNTY ADMINISTRATION CENTER 1590 Hwy 55 Hastings, MN 55033 952-891-7016 cell – 612-387-6260 Capital Projects Dakota County Administration Center 1590 Highway 55 Hastings, MN 55033 651.438.4388 Fax: 651.438.8455 www.co.dakota.mn.uss Ben Prchal 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Ben, This is a letter of reference for Tim Wegner, owner of Trail Source LLC. I have worked with Trail Source on a couple of singletrack trail projects in the Northwest metro area. The most recent project was at Hillside City Park, in Elk River. This project was done in two phases, the Eastern half of the park had trails constructed in 2017, and the Western half had trails constructed in 2018. The Eastern half of the park was constructed by YRU Trail Building LLC. The Western half of the park was constructed by Trail Source. Both halves of the park have similar topography with the South side flatter than the North side, and same soil content. The soil is a mixture of gravel and sand in many areas, which can be challenging to work with for a natural surface trail. The East side of the park has required maintenance from day one. Keeping the outslope established and defined has been a challenge in some areas, and we have needed to add grade reversal features to prevent erosion and cupping of the trail. A couple of areas need tread resurfacing once a year. All this does not mean it is badly constructed trail, as maintenance is often expected as an ongoing need. However, how the trail was constructed is inferior to the West side of the park regarding erosion control and overall engineering. The West side of the park was constructed by Trail Source. This half of the park has required almost no maintenance whatsoever. Grade reversal features were engineered into the trail to do a much better job of preventing erosion, resulting in much lower maintenance needs, and a lower environmental impact over the long term life of the trail. The trail is constructed in a manner where it is more popular with mountain bikers, and is considered the favorite side of the park for many riders. Tim was very nice to work with from day one, and explained their process in detail to both City staff and the park volunteers. He communicated well throughout the project, checking in and occasionally clarifying smaller details to ensure the finished product would meet or exceed everyone’s expectations. During the construction of the trail, Trail Source employees suggested minor changes in the proposed trail alignment for a couple of areas, and those suggestions were approved and implemented, resulting in a better overall layout in that area as compared to the initial proposed trail alignment. I would recommend Trail Source for any trail construction project, as Tim and his crew have mastered the art of building enjoyable trails for all users, while minimizing maintenance costs. Communication is great throughout the process, and expectations are always exceeded with his work. Sincerely, Graydon Betts MORC Trail Steward – Hillside City Park Elk River, Bertram Chain of Lakes Monticello 1 640160v1LA515-1 TRAIL CONSTRUCTION PROJECT AGREEMENT This Trail Construction Project Agreement (this “Agreement”), made and entered into this _____ day of __________________, 2020, by and between the City of Lake Elmo, a Minnesota municipal corporation, whose business address is: 3800 Laverne Avenue North, Lake Elmo, MN 55042 (the “City”) and TrailSource, LLC, a Minnesota Limited Liability Company, whose business address is: 13282 Derryglen Court, Rosemount, MN 55068 (the “Contractor”). In consideration of the payments and agreements hereinafter mentioned, the parties agree as follows: Article 1. Project. 1.1. The Contractor shall provide labor, supervision, materials, and equipment to perform specified trail construction for a cross country/flow single track mountain bike trail system within Sunfish Lake Park located at: 10000 Stillwater Lane North, Lake Elmo, MN 55042 (the “Site”). The trail specifications are set forth in the attached Exhibit A (the “Project”). The Contractor agrees that all work and labor shall be done in the best and most diligent manner and that all materials, equipment and labor shall be in entire and strict conformity in every respect with the specifications set forth in attached Exhibit A. The Project must be performed by the Contractor in compliance with all laws and regulations. Any trail construction which does not comply with the specifications will be rejected by the City and Contractor must bring the trail into compliance with the specifications at the Contractor’s expense. Article 2. Execution, Correlation and Intent. 2.1. Execution of this Agreement by the Contractor is a representation that the Contractor has visited the Site, is familiar with local conditions under which the Project is to be performed, and correlated personal observations with requirements of this Agreement. The Contractor further contracts and declares that it is thoroughly familiar with the nature, location, and character of the general area in which the Project is located including, without limitation, available equipment supply and equipment costs, the quantity and quality of all required materials, supplies, tools, and labor needed to complete the Project in the manner and within the costs and time frame required by this Agreement. Further, the Contractor recognizes the extra degree of care required under the Site construction circumstances with respect to the safety, protection of individuals and property at the Site, cleanliness of the Site, and protection of existing property. In arriving at the Project cost and the completion date, Contractor has, as an experienced and prudent contractor, exercised its best judgment and expertise to include the impact of such circumstances in the Project cost and completion date. Article 3. Rights, Responsibilities and Duties of the Contractor. 3.1. The Contractor shall supervise and direct the work using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under this Agreement. 2 640160v1LA515-1 3.2. The Contractor shall be responsible for all acts and omissions of the Contractor’s employees, subcontractors, and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 3.3. The Contractor has the responsibility to ensure that any equipment or material suppliers and subcontractors, and their agents and employees adhere to this Agreement and that they order equipment and materials on time, taking into account the current market and delivery conditions and that they provide the equipment and materials on time. The Contractor shall have the duty to coordinate all of its work and the work of its subcontractors and suppliers. 3.4. The Contractor agrees to indemnify, defend and hold the City harmless from and against any and all claims, suits, actions, damages, causes of action, or attorneys’ fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the work performed by the Contractor under the contract. The Contractor agrees to indemnify, defend and hold the City harmless from any and all claims, suits, actions, damages, causes of action or attorneys’ fees arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the negligence of the Contractor, its employees, contractors, agents, or assigns. 3.5. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is an independent contractor and not an employee of the City. The Contractor is free to contract with other entities as provided herein. The Contractor shall be responsible for obtaining and furnishing equipment, materials, and labor necessary for the Contractor’s performance under this Agreement. The City and the Contractor agree that the Contractor shall not at any time or in any manner represent that the Contractor is in any manner an agent or employee of the City. The Contractor shall be exclusively responsible under this Agreement for the Contractor’s own FICA payments, workers’ compensation insurance, unemployment compensation insurance, withholding amounts, or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. Article 4. Changes to the Project. 4.1. Changes to the scope of the Project may be accomplished after execution of the Agreement, and without invalidating the Agreement, by a change order, subject to the limitations stated in this Article and elsewhere in this Agreement. 4.2. No extra work shall be done nor any obligation incurred for payment therefore except upon a written change order fully signed by the City and approved by the City Council. 4.3. Each change order issued shall contain the following: 1) a detailed description of the change; 2) the Contractor’s written proposal; 3) a statement as to the resulting change in price or completion time; 4) a statement that all work involved in the change shall be performed in 3 640160v1LA515-1 accordance with this Agreement’s requirements except as modified by the change order; and 5) signatures of the City and the Contractor. Article 5. Project Completion Date. 5.1. The Contractor shall commence the work as soon hereafter as all conditions precedent have been met, including but not limited to submission of the certificates of insurance and the performance required by this Agreement. The Contractor shall complete construction and installation of the Project no later than October 16, 2020. Liquidated damages of $500 per week will be assessed by the City if the Project is not completed by this date. If the Contractor is unable to complete construction of the trail within 30 days of the delivery date, the City reserves the right to reject the trail and shall not be responsible for payment for the trail or any consequential damages incurred by the Contractor. Article 6. Protection of Persons and Property. 6.1. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the performance of this Agreement. 6.2 The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Employees and subcontractors on the Site performing the work and other persons who may be affected thereby; b. The Project and materials and equipment to be incorporated therein, whether in storage on or off the Site, under the care, custody, or control of the Contractor or the Contractor’s subcontractors or sub-subcontractors; and c. Other property at the Site or adjacent thereto, such as any existing improvements not designated for removal, relocation, or replacement in the course of the Project. 6.3. The Contractor shall, in the performance of the work under this Agreement, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. Article 7. Insurance. 7.1. The Contractor shall secure and maintain the following insurance: a. Workers’ compensation insurance that meets the requirements of Minnesota law (if required by statute). The Contractor shall execute the City’s workers’ compensation form. b. General liability insurance with bodily injury and property damage limits of $1,500,000 to protect the Contractor and the City from claims and liability for injury 4 640160v1LA515-1 or damages to persons or property for all work performed by the Contractor under this Agreement. The Contractor shall name the City as an additional insured under the Contractor’s policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. c. Automobile liability insurance with limits of $1,500,000. 7.2. The City shall not be liable or responsible for any loss or damage whatsoever to equipment, tools, or property of a similar kind and the Contractor shall indemnify and hold harmless the City from any claims or causes of action brought by any person or party as a result of the loss or damage to the Contractor’s equipment, tools, or other property. 7.3. The Contractor shall provide a certificate of insurance in the amounts above. The required insurance must name the City as an additional insured and shall state that the City shall receive 10 days written notice prior to cancellation or termination. Acceptance of the certificate of insurance by the City shall not relieve, limit, or decrease the liability of the Contractor. The City does not represent that this Agreement’s insurance requirements are sufficient to protect the Contractor’s interests or provide adequate coverage. Article 8. Performance and Payment Bonds. 8.1. The Contractor shall pay the premiums and shall furnish to the City performance and payment bonds as required by Minnesota law. The bonds shall be in the amount of 100 percent of the Contract Price as security for the faithful performance of this Agreement. The surety on each bond shall be a surety company duly authorized to do business in Minnesota and that is acceptable to the City Attorney. Article 9. Correction of Work. 9.1 The Contractor shall promptly correct work rejected by the City or failing to conform to the requirements of this Agreement, whether observed before or after completion and whether or not fabricated, installed, or completed. The Contractor shall bear the costs of correcting such rejected work. Article 10. Miscellaneous Provisions. 10.1. The laws of the State of Minnesota shall control this Agreement. 10.2. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 10.3. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 5 640160v1LA515-1 10.4. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 10.5. The Contractor shall have access to data collected or maintained by the City as deemed necessary to perform the Contractor’s obligations under this Agreement. Such data will be provided to the Contractor as governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The Contractor will not release or disclose the data classified as not public to any person except at the written direction of the City. The Contractor agrees to defend and indemnify the City from any claim, liability, damage, or loss asserted against the City as a result of the Contractor’s failure to comply with the requirements of Minnesota Statutes Chapter 13. 10.6. All plans, diagrams, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information as it sees fit. Such use by the City shall not relieve any liability on the part of the Contractor. 10.7. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 10.8. Each of the undersigned warrants it has the full authority to execute this Agreement. 10.9 The provisions of this Agreement are severable. If any portion of this Agreement is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 10.10 Any waiver by either party of a breach of any provision of the executed Agreement shall not affect, in any respect, the validity of the remainder of the executed Agreement. Article 11. Termination or Suspension of this Agreement. 11.1. Either party, without cause, may terminate this Agreement by 30 days’ written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to the Contractor except to compensate the Contractor for the equipment and materials provided and services performed prior to the date of the notice of termination. The City may also procure the outstanding work and the Contractor shall be liable to the City for any excess costs for similar work, unless the Contractor provides acceptable evidence that failure to perform the Agreement was due to a cause beyond the control and without fault or negligence of the Contractor. 11.2. Upon termination of the Agreement, the Contractor agrees to return data to the City, as requested by the City. All books, records, documents, and accounting procedures and practices of the Contractor relevant to this Agreement, shall, pursuant to Minnesota Statutes, be subject to examination at all times by the City, the Legislative Auditor, or the State Auditor. 6 640160v1LA515-1 Article 12. Payment and Completion. 12.1. The City agrees to pay the Contractor a total of $111,682.21 for the Project (the “Contract Price”). The Contractor may invoice the City on a monthly basis for the equipment, materials and services that have been provided to the City to the current date, but upon the City paying 75 percent of the Contract Price to the Contractor, the remaining 25 percent of the Contract Price will be retained until the Project is complete and the City has accepted it. 12.2. Upon receipt of notice from the Contractor that the Project is ready for final inspection and acceptance, the City shall promptly make such inspection and, when it finds the Project acceptable and this Agreement fully performed, it shall make final payment to the Contractor of the outstanding balance in accordance with all applicable laws. Acceptance of final payment by the Contractor shall constitute a waiver of claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of final payment. 12.3. The City may withhold payment to the Contractor in whole or in part to the extent reasonably necessary to protect it from loss because of: a. Defective work not remedied; b. Third party claims filed or reasonable evidence indicating probable filing of such claims; c. Failure of the Contractor to make payments to subcontractors or for labor, materials, or equipment; or d. Persistent failure by the Contractor to carry out the work in accordance with this Agreement. (Remainder of this page intentionally left blank) 7 640160v1LA515-1 IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed this Agreement as of the day and year written above. CITY OF LAKE ELMO By: _________________________________ Mike Pearson Its: Mayor By: _________________________________ Julie Johnson Its: City Clerk CONTRACTOR By: _________________________________ Its: _________________________________ 8 640160v1LA515-1 EXHIBIT A 1.0 SCOPE OF WORK. The Scope of Work is divided into three sections: (1.1) Project Scope; (1.2) Tools and Mechanized Equipment; and (1.3) Meetings and Progress Reviews. All specified construction and materials must be furnished by the Contractor unless otherwise indicated. It should be noted that the City of Lake Elmo is an instrumentality of the State of Minnesota and is subject to the general state tax provisions although the City is exempt from the state sales tax for certain purchases. The Contractor must provide all services necessary to engineer, procure, install, test and certify the Project described below in conformance with the manufacturer’s specifications and applicable industry standards. 1.1 Project Scope. The City has reserved funding to help support the Project and the Project’s scope of work includes at least 22,158 feet of new construction. There is an existing trail system within the Site and appropriate slowing methods will need to be used to aide in safety at when the Project trails intersect with existing trails. Completed work must meet the specifications outlined below: A. Trail Design. The construction of this trail must be guided by the sustainable trail principles promulgated by accepted resources such as the current editions of the Trail Solutions; the International Mountain Bicycling Association’s (IMBA) Guide to Building Sweet Single-track, Managing Mountain Biking; IMBA’s Guide to Providing Great Riding, Bike Parks; IMBA’s Guide to New School Trails, and the USDA’s Trail Construction and Maintenance Notebook. B. Bike Specific Trail Flow. The bike trails proposed for Sunfish Lake would be narrow trails called single-track. Once established, single-track trails average eighteen to twenty-four (18-24”) inches in width, are not paved, reach a broad range of riders and are designed to flow through natural areas with gradual inclines and declines in topography. The City is hopeful of modern trail design and construction uses sustainable trail building techniques. The City would like the Contractor to build single-track trails that can have minimal impact on the environment, resist erosion through proper design, construction and maintenance, co-exist with the natural environment and blend with the surrounding area: a. Synergy with the landscape: Making the most of what the natural terrain contours present. b. Opposition to user forces: Flow trails maximize the efficiencies afforded by using a bicycle, and are designed to counteract forces that direct a user off the trail. Bermed turns and cambered tread surfaces, for example, promote traction, safety, sustainability, and enjoyment. c. Conservation of momentum: The ideal trail avoids “flow killers” such as sharp turns, incongruent features, and disjointed climbs and descents. Instead, it utilizes undulations and cambered turns to reward smooth, deliberate riding and maximize forward motions. A flow trail encourages a 9 640160v1LA515-1 better understanding of the bicyclist/bicycle interface, allowing riders to reach that unique sensation of floating through the landscape. d. Leading the user forward: A sense of discovery, combined with a design that maximizes a rider’s forward momentum, helps to draw the user forward. The trail is never repetitive or predictable, nor is it “awkward”, with a variety and innovation combining to create an intuitive feel. C. Trail Construction Best Practices – At all times possible, the Contractor will need to build the trail to conform to the standards depicted in Exhibit B. To satisfy erosion and sediment control requirements, the trail must be finished as the project advances. Ideally, all roughed-in corridor will be finished the same day. Any segments requiring delayed finishing should be planned out in advance to finish as quickly as possible. D. Corridor Clearing. Corridor clearing shall be confined to within five (5’) feet of the trail and back-slope edges. The City may expect wider clearing where the mountain bike trail crosses over an existing walking trail. E. Trail Flagging. A flag line or marked line will be pre-installed by the Contractor, at a minimum of every fifty (50’) feet, marking the desired corridor, but only suggests the tread location based on the Master Trail Plan. The actual tread location depends on finer analysis and will need to be laid out using pin flags at a minimum of twenty (20’) foot intervals. F. Debris. Cut and scatter all branches and brush cut as part of the trail development. No debris shall be left within ten (10’) feet of the trail. Butt-ends of any sawed limbs must face away from the trail. G. Rocks. All rock embedded in the trail surface should be stable. When used in structures, care will be taken to match construction rock to rocks native to the area. Non-native rock may not be imported into the park or work area without approval of the City. H. Woody Material. Woody material such as stumps, logs and brush shall be removed from the trail tread. No stumps less than twelve (12”) inches in diameter shall be left within five (5’) feet of the trail tread. I. Fall Zone Clearing. Areas adjacent to dynamic trail segments where visitors have a greater potential to exit the immediate trail corridor will be cleared of impact focusers; butt-end branches, stumps under six (6”) inches in diameter, and rocks under six (6”) inches in diameter. J. Back-Slope/ Out-Slope. Back-slope of trail should be graded to three-to-one (3:1) slope or until it matches the existing slope. In areas where the back-slope has the potential to become part of the active tread it must be finished to trail tread 10 640160v1LA515-1 specifications. Out-slope should range between three and five percent (3-5%) towards the downhill side of the trail. K. Trail, Finished Condition. Hand finishing and grading of the trail tread, back- slope, down-slope spoils, and drainage features shall result in a surface that matches the texture of the surrounding forest floor while enabling water to drain off the trail. L. Spoils Stabilization. All excavated material not used in the trail tread or other trail structures must be stabilized. Spoils shall be distributed in a thin layer adjacent to the trail tread. When possible, spoils should be mulched with native materials to discourage erosion while native seed stocks reestablished. M. Turns. All turns are in-sloped or "bermed" where appropriate. Use generally acceptable values for turn radii and grades across the turns. All turns must include an entrance and exit rolling grade dip. N. Grade Reversals. A designed grade reversal or constructed rolling grade dip should occur as often as necessary. Any grade reversal must be strongly anchored to discourage short cutting. The uphill and downhill cuts of the trail also should not exceed more than ten percent (10%) of the slope of the hill/elevation. Grade reversals also double as flow elements: rollers and pump/rhythm sections. In this context, grade reversal shape, size and placement should reflect its placement within the system. Specific details will be determined by the contractor in partnership with the City. O. Above Grade Earthen Structures. Any portion of trail above the grade of its surroundings must be approved by the City in terms of design and material before construction. Fill structures must have a fill slope of at least two-to-one (2:1) or the angle of repose of the local soil, whichever is greater. A retaining wall may be substituted for a fill slope with prior permission of the City. Fill structures must be completely stabilized and compacted. Acceptable techniques include track-packing or compaction via a dedicated tamping unit. Raw soil faces that do not become tread must be mulched and seeded in the same fashion as spoils and satisfy the terms of the project erosion control methodologies. Examples of above-grade earthen structures include grade-reversals (“rollers”) and turn pads on in-sloped switchbacks. P. Water Diversions. The majority of the tread should be out-sloped. When not possible or desirable due to purpose-built in-sloping, resource concerns or obstruction, water can be directed down the trail for up to six (6’) feet before a water diversion location (grader reversal). Q. Invasive Species To reduce the spread of invasive plant species, the following protocols are required: 11 640160v1LA515-1 a. All hand tools and mechanized equipment must be free of invasive seeds and clean of any dirt and mud when entering the project site. b. Consideration should be made while trail clearing and construction through areas occupied by invasive species (such areas to be identified by the City) as to not propagate as construction progresses. c. Imported surface/organic material is prohibited. R. Filter Strips. Filter strips are vegetated areas down-slope of the trail corridor intended to treat sheet flows coming off the tread. Filter strips function by slowing down flow velocities, filtering out sediments, and providing an opportunity for infiltration into the underlying soils. Properly mulched spoils may be designated as part of the filter strip. Filter strips shall not be used as regular travel-ways for equipment and materials. Areas with inadequate filter strip capacity above water- ways may require installation of formal erosion control measures to satisfy erosion and sediment control methodologies. S. Mechanized Equipment Best Practices. All track marks will be raked smooth. Affected area will be finished to have a natural shape, spoils piles rounded, smoothed and cleared of significant brush, blade edges blended, etc. A spill kit suitable for five (5) gallons of fluid will be onsite and within two hundred (200) yards of mechanized equipment whenever equipment is being operated. T. Preservation of Vegetation. The Contractor shall exercise care to preserve the natural landscape, including trees and shrubs, and shall conduct construction operations to prevent any unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the work. Except where clearing is required for permanent works or excavation operations, all trees, native shrubbery, and vegetation, shall be preserved and protected from damage by the Contractor's construction operations and equipment. The City would not like to see trees larger than eight (8”) inches in diameter removed. All unnecessary destruction, scarring, damage or defacing of the landscape resulting from the Contractor's operations, shall be repaired, replanted, reseeded or otherwise corrected as directed by the City and at the Contractor's expense. After completion of the work, all areas disturbed by construction that do not require landscaping or planting, shall be scarified and left in a condition which will facilitate natural vegetation, provide for proper drainage and prevent erosion. U. Ground Disturbance. The grading limits along the trail corridor are defined by the approved tread width plus additional width defined by the required back-sloping, unless further excavation is required for prescribed features, as approved, and performed according to Section 1.1 (T). Rutting should be avoided outside grading limits along the corridor, by limiting traffic intensity and avoiding wet soil conditions, and corrected as per Section 1.1 (T). 12 640160v1LA515-1 1.2 Tools and Equipment. A. Tools. The Contractor shall perform the required work using hand tools and/or small mechanized equipment that is a maximum of fifty (50”) inches in width. Equipment with adjustable width tracks should be able to reduce track width to less than fifty (50”) inches for building the new trail. Some sites may not be suitable for equipment this large and other sites may not be suitable for any mechanized equipment regardless of size due to terrain and environmental constraints. Permanent modification of trail outside the scope of work to accommodate equipment access is not desirable and must be approved by the City before building the modification. B. Mechanized Equipment. All mechanized equipment shall be in good mechanical condition, free of any fluid leaks. All equipment will be clean and free of debris before introduced to work site. Equipment is subject to inspection at the start and during the project. Any equipment that appears to not meet these criteria shall be removed from the project site at the request of the Client’s representative and at no additional cost to the Client. 1.3 Meetings and Progress Reviews. The Contractor shall meet with City Staff as necessary or as otherwise agreed upon by both parties to review progress and project expectations throughout the build. When determining a course of action regarding build technique or design expectation(s), the International Mountain Biking Association (IMBA) standards shall be referred to determine the appropriate technique. 2.0 INSTALLATION, CLEANING AND PROTECTION OF EQUIPMENT. A. The Contractor will be required to obtain and pay for any required permits, licenses, approvals or inspections necessary for the work. The Contractor must perform all tests that are required by regulatory authorities at its expense. B. The Contractor must protect all equipment and materials from theft, injury, or damage during the project. The Contractor must provide temporary protection to uninstalled materials. C. The Contractor must provide adequate storage for all equipment and materials delivered to the site. The City is not required to provide secure storage but will attempt to accommodate the Contractor’s storage requirements. 3.0 DOCUMENTATION AND TRAINING. A. At the conclusion of the project, all documentation is to be compiled by the Contractor into an organized, comprehensive package. 13 640160v1LA515-1 B. The Contractor must provide the City with a GIS file of the final trail route. Handwritten drawings are not acceptable. 4.0 WARRANTY. A. The Contractor agrees that it will warrant the Project to be free of defects of workmanship or products and will inspect and repair the system at no cost to the City within the first year of the In Service Date. During the one (1) year period, the Contractor will respond to the City and remedy the problem within seven days of the City’s contact, or within a longer timeframe, if approved by the City. B. The Contractor’s one (1) year warranty period shall begin at the date of City acceptance of the project (the “In Service Date”). It is the responsibility of the Contractor to request this acceptance, in writing. Final payment of twenty-five (25%) percent of the Contract Price to the Contractor will be withheld by the City until the City has accepted the project. C. The City shall not be responsible for any additional charges (i.e., service, labor, shipping charges, trip charges, etc.) during the Contractor warranty period of any manufacturer warranty period of the construction materials. 14 640160v1LA515-1 Exhibit B CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020-024 A RESOLUTION APPROVING A CONTRACT WITH TRAIL SOURCE LLC FOR THE CONSTRUCTION OF MOUNTAIN BIKE TRAILS IN SUNFISH LAKE PARK WHEREAS, the City of Lake Elmo issued a Request for Proposals on December ___, 2019 to solicit proposals from interested contractors to develop and construct a mountain bike trail system within the City’s Sunfish Lake Park; and WHEREAS, the City received one proposal; and WHEREAS, City Staff and the City Parks Commission reviewed the submitted proposal and have provided a report to the City Council dated March 4th, 2020 recommending that the City enter into a contract with Trail Source LLC in the amount of $111,682.21 for the development of the mountain bike trail system in Sunfish Lake Park; and NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into the attached Trail Construction Project Agreement with Trail Source LLC in the amount of $111,682,21. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON MARCH 4, 2020. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk