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South Area Demolitions D.3 Supplemental Conditions of the Agreement Page 1 of 11

D.3 SUPPLEMENTAL CONDITIONS

Of the Agreement

South Area Demolitions Project

Sierra Azul Open Space Preserve Santa Clara County, California

Date: May 16th, 2025

D.3 Supplemental Conditions of the Agreement

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SUPPLEMENTAL CONDITIONS

Of the Agreement

SOUTH AREA DEMOLITIONS

ARTICLE ONE

GENERAL PROJECT INFORMATION

A. General

These Supplemental Conditions provide project-specific supplementary information and Supplemental Conditions to the General Conditions of the Agreement. These Supplemental Conditions are Contract Documents and address site specific factors relevant to execution of the Work for the South Area Demolitions Project (Project). These Supplemental Conditions shall supersede any conflicting General Conditions. Where a portion of the General Conditions is altered by these Supplemental Conditions, the unaltered portions of the General Conditions shall remain in effect. Under no circumstances does the information herein override any of the Terms and Conditions set forth in the Agreement, nor alleviate the Contractor from executing the work in strict conformance with the Contract Documents.

B. Project Description

The purpose of this project is to provide demolition and debris removal services at four separate locations within Midpeninsula Regional Open Space District: McKannay Property, Meyer Property, Scholer Property, and Estrada Property (Sierra Azul Open Space Preserve). The scope of work includes remediation of hazardous materials, demolition and removal of three residential home, three secondary residences, one barn, one workshop, one garage, various accessory structures and debris; minor grading for drainage and erosion control, as further detailed and described herein as the Contract Documents.

C. Site Information

Environmental Compliance The work is categorically exempt from the California Environmental Quality Act (CEQA).

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Access

The project sites are located at the following:

• Meyer Property (Sierra Azul Open Space Preserve) is accessible off a private road utilizing gate SA51 off Mt. Umunhum Road via Hicks Road. The project site begins at the end of an unpaved driveway. The road is a unpaved seasonal road. The open space north of the barn may be used as a staging area.

APN: 56222041

• Scholer Property (Sierra Azul Open Space Preserve) is located at the end of Alamitos Road approximately 1.3 miles west of Alamitos Vineyards. The project site begins at the end of the asphalt driveway. The end of the driveway can be used as a staging area.

APN: 56223006

• McKannay Property (Sierra Azul Open Space Preserve) is located off of Alamitos Road and adjacent to Alamitos Creek through a private gate. The road is a unpaved seasonal road. There are multiple bridge crossings with maximum load requirements. Contractors shall abide by specified weight restrictions.

APN: 56221016

• Estrada Property (Sierra Azul Open Space Preserve) is located off of Mt. Umunhum Road and approximately 1.5 miles down the road from the top of Mt. Umunhum Road. The road is an unpaved seasonal road and accessible through a private gate.

APN: 56204006

Refer to D.3 Attachment A and B, Location Maps and Demolition Site Access Maps.

Site Utilities There are no live electrical services to any of the structures (refer to PG&E disconnect letters, D.3 Attachment 4. Water and sanitary sewer facilities are not available on site. Contractor shall be responsible for providing water trucks for use, as needed, during remediation, demolition, and site restoration activities. Contractor shall be responsible for providing any temporary electrical and portable restroom service, if required, for its work on site. There is no telephone service at the site. Cellular service may be limited, dependent upon location on site and contractor’s cellular service provider.

ARTICLE TWO

CONTRACT DOCUMENTS

A. Supplemental Conditions.

All conditions set forth herein, and all Exhibits attached hereto, are part of the Contract Documents.

ARTICLE THREE

DISTRICT GENERAL REQUIREMENTS

A. District Representative: The District Representative designated for all correspondence and coordination regarding this Contract is the District Project Manager, Ivana Yeung, 5050 El Camino Real, Los Altos, CA 650-625-6552, iyeung@openspace.org

B. Public Involvement. The Contractor is not required to communicate with the public. The

Contractor shall not discuss the work with the public except when coordinated and approved by the District Representative. The public is not allowed within the work site. The Contractor shall conduct operations in a manner such that public access is not facilitated. Should the public enter the site or attempt to access the site, Contractor shall immediately notify District Dispatch, and the District Representative.

C. Communications. The Contractor shall not make available, or publicly disclose, any data or report unless provided herein or specifically authorized by the District Representative. If any person or entity requests information from the Contractor about the subject of this scope of work or work being conducted hereunder, the Contractor shall refer them to the District Representative. All reports and other information generated under this scope of work shall become the property of the District and distribution to any other source by the Contractor is prohibited unless authorized by the District Representative.

D. District, Inspections and Monitoring. District will be providing environmental monitoring on site as further delineated in Article Four paragraph J. Contractor shall provide access to, and coordinate with all District consultants, monitors and inspectors.

ARTICLE FOUR

CONTRACTOR’S PERFORMANCE OF THE WORK

A. Emergency Contact Information. In the event of an emergency, Contractor shall dial 911 or the 24-hour ranger dispatch number at 650-968-4411. Note that cell phone reception may be limited in the Preserve.

B. Noise Control. Contractor shall be aware that they are working in an area that is extremely quiet. Noise travels far due to no background noises, and can appear amplified. Contractor shall adhere to local noise ordinance requirements.

C. Herbicide. No herbicide use is permitted for this Project.

D. Access. Access to construction site is along an unpaved gravel road with load restrictions as described in Article One, paragraph C. Contractor shall ensure he/she has confirmed that all materials & equipment planned for use on the project can be transported safely to the site, and that all permits, safety procedures, and regulatory compliance has been met for transport of material and equipment to the site.

E. Site Access– Emergency response. Contractor shall ensure their site logistics plans, project execution plans, and all their operations on site take into account the need for emergency response access to the site.

F. Site Security - Trespassing & Vandalism. Contractor shall be responsible for adequately securing all their materials and equipment on site. The District assumes no responsibility for any loss or damage to Contractor property.

G. Fire Prevention - The site is surrounded by open space lands that have the potential to be a wildfire hazard. Contractor shall not engage in any activities that pose a fire threat. In addition, if requested, Contractor shall agree to meet with responding fire agencies (Cal Fire) to ensure they have incorporated all appropriate fire prevention measures (locations of fire extinguishers; activities requiring fire watch, etc.). No smoking is allowed on site, nor on any of the District preserve lands surrounding the site.

H. Working Hours. Regular working hours shall consist of a 10-hour period, between 07:00 and 17:00, Monday through Friday, excluding Government holidays. The County of Santa Clara requires a start time no earlier than 07:00. The Contractor may arrive on site earlier, set up, and prepare for work, but the actual start of work at the site cannot commence until 07:00 hours.

I. Contractor Personnel, Subcontractors, Vendors, Deliveries (personnel). All personnel entering or leaving the site shall adhere to the following:

i. All personnel shall be made aware of site access conditions and abide with all applicable vehicle operation and safety requirements.

ii. Any traffic accidents shall be reported immediately.

iii. All personnel who will be working at or accessing the site must attend a Worker Education

Seminar, which will be delivered by qualified biologists. The District will coordinate with contractor to schedule the worker education seminar.

iv. Any personnel who have not attended a worker training seminar cannot access the site unless they are escorted by another personnel who has attended the worker training seminar.

J. Biological Requirements

District has procured the services of a third-party biologist to provide the following to support contractor’s compliance:

• A preconstruction biological awareness training that is required for all persons who will be working on the project

• Biological Construction Monitoring

• Pre-construction surveys and permitted relocations/deterrents

Work will be monitored and if any protected species are encountered during execution of the work, work will be halted to clear area of species. See D.3 Attachment 3 for Open Space

Maintenance and Restoration Program Natural Resources requirements for roosting bats, San Francisco dusky-footed woodrat, and vegetation management/protection requirements.

Unexpected Discovery of Archaeological and Paleontological Cultural Materials Contractor shall educate workers that there is a potential for archaeological remains to be present in the area where remediation and demolition will take place. If any worker discover any artifact that may have archaeological value, they must stop work in the area and contact the District Representative. District will retain an archaeologist to evaluate the item.

Contractor shall not work within thirty feet of item until the archaeologist has been able to assess the discovery.

Native American Burial Plan (NABP) If human remains are encountered, contractor shall immediately stop all work and secure the area, then contact the District Representative. Either the District or the contractors field supervisor shall notify the County Coroner. Work in the area of discovery of remains will be cease indefinitely until treatment and protection measures can be developed and executed.

District will be responsible for coordination with the County Coroner, Native American Heritage Commission (NAHC), and working with local and State agencies to develop a treatment or protection measures.

K. Typical Work Scenario - Base Bid & Stand-Down Time– In order to facilitate contractor bidding and execution of the work, a Typical Work Scenario has been developed to describe the work conditions under which the contractor will be implementing the remediation and demolition work. This scenario does not suggest the means and methods to be used; this only describes the underlying conditions and the monitoring requirements that the work will likely be subject to during implementation.

i. Mobilization

a. Contractor shall bid mobilization/demobilization with the understanding (and any additional cost) due to the limitations on site access described herein (i.e.

restrictions on speed limits, requirements to maintain visual look-out for potential for snakes on road). Mobilization costs shall include the costs associated with worker training.

ii. Remediation / Demolition

a. Contractor shall bid the remediation and demolition scopes of work, as delineated in the bid form, as though the work would be completed as a “Standard” remediation or demolition project.

b. Contractor will be paid an additional time-and-material amount for “Stand-Down” time costs associated with species clearing requirements. “Stand-Down” time shall only include time period(s) when work stoppages prevent Contractor from performing the Work. Contractor is responsible for diligently pursuing other Work and redirecting resources as necessary to continue the Work during the stoppage, and will not be compensated to the extent that Work can continue during the stoppage. The “stand-down” time will be monitored on site by District staff or biologists. Daily tracking sheets will be signed off by Contractor and District and will be included at the end of each week into a change order to the Contract to complete the work. The “Stand-Down” (SD) time versus base bid “Standard” (ST) time is more fully detailed in the following Typical Work Scenario:

1. Remediation: Prior to entering structure for remediation of hazardous materials, biologist shall ensure that access path to structure and interior where work is to be completed is clear (SD). Contractor may proceed with remediation after visual inspection complete (ST). Biologist will be on site monitoring work (ST), and if any protected species is encountered, contractor may have to stop work (SD) to clear species. Once species are cleared, contractor can resume work (ST). Note – depending on work, it may be possible for contractor to continue work in an adjacent location while species is cleared. If work is shifted, the Stand Down (SD) time would be the time required to shift or re-mobilize to another location.

2. Demolition: Prior to demolition, Biologist shall clear access path to the structure and all areas around structure (SD).

a. Contractor will need to mow grass and clear shrubs in areas surrounding structure where they will be working, bringing in equipment, placing dumpsters, or establishing lay-down areas (ST).

Biologist will need to be clearing these areas immediately ahead of Contractor (SD). Clearing of vegetation is to facilitate continuous visual inspection during demolition activities.

b. If contractor establishes a lay down area for piling of materials, this area may have to be fenced off with silt fencing to preclude snakes from entering into zone (ST). If piled materials are loose and can be easily screened visually, and are not going to be left in place overnight, then installing silt fencing may not be required.

c. Immediately prior to structure demolition, Biologist will clear interior and exterior of structure (SD). Contractor may begin demolition in a manner that allows for material to removed and deposited in either a dumpster or lay down area (see Item 2.b above). Demolition cannot be done in a manner that materials or debris from the demolition fall into an area that has not been cleared or cannot be continuously inspected (ST). Hand-demolition is not required. Pushing walls and roof in on themselves and then immediately loading materials may be the best approach (ST).

d. Demolition work should be done such that once an area is cleared by the biologist, the work should take place immediately (ST).

e. Despite careful pre-work clearing by the biologist, it is likely that snakes may still be present or enter the demolition work area. Should this occur, the biologist will stop all work (SD). Work will need to stand down until the snake has left the area.

f. In the event that a significant population of snakes or other special status species is encountered, and work stand down time is estimated to exceed two hours, Contractor shall de-mobilize and move to another site (SD).

3. Restoration:

a. Upon completion of demolition of major structures and slab areas, remaining disturbed ground shall be cleared by biologist prior to implementation of restoration work (SD).

b. Upon clearance by biologist, contractor shall lightly grade disturbed areas to align with adjacent grades (ST).

c. Contractor shall spread native grass seed (Provided by District) and rake in, and cover with weed-free straw (approved by District). (ST) Reference Exhibit 6, Ground Cover Erosion Control and Site Restoration Measures.

L. Permitting Requirements. Nothing within these Supplemental Conditions shall relieve the

Contractor of the responsibility to comply with applicable laws and regulations. The Contractor shall obtain and pay for all permits, licenses, approvals, and/or certificates required, or necessary to accomplish the work.

i. The project is located within the County of Santa Clara. The District has submitted the project for permit review and the Contractor will pull demolition permit with County of Santa Clara.

a. District will collaborate and support Contractor by providing any information required by the “Owner” to facilitate the permitting of the Work.

b. Contractor will be required to adhere to the Water Pollution Control Plan (WPCP) provided in order to pull the demolition permit. Refer to Item M below.

c. Contractor shall invoice District for cost of the County of Santa Clara demolition permit as a direct reimbursable expense.

d. If the County requires pumping of the septic system, the Contractor shall invoice the District for cost of the septic pumping as a direct reimbursable expense.

e. In the event where septic abandonment is required, the Contractor shall follow Septic Tank Abandonment Procedures at the direction of Santa Clara County

f. In the event where leach field abandonment is required, the Contractor shall follow Abandonment Procedures at the direction of Santa Clara County

M. Storm Water Compliance. The demolition project does not disturb more than an acre, and does not create any additional impervious area, therefore there are no Water Board permitting requirements under C-3 or NPDES. A storm water compliance plan is included in these contract documents. The Contractor’s QSP/QSD shall review the document and finalize it as needed; the Contractor has full responsibility over the water pollution control measures. The Contractor shall maintain the storm water plan measures, as required to ensure address drainage and erosion control. Minimally, Contractor shall also comply with all best management practices for storm water pollution prevention and drainage and erosion control measures as described in the project specifications. For erosion control measures associated with site restoration work, refer to the Water Pollution Control Plan.

N. District Construction & Demolition Waste Stream Diversion Policy (C&D WSD). The

District has a C&D WSD Policy (Policy). The District Representative is responsible for ensuring that the demolition work is implemented in conformance with the Policy. Contractor shall adhere

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O. Material Salvage. To implement the C&D Policy, the District will work with the contractor to identify materials (e.g. untreated redwood, beams, wood stoves) within each structure or area that can be salvaged.

The contractor shall work with the District representative to identify materials in each of the buildings that are suitable for salvage. These materials shall be deconstructed as carefully as possible, separated by hand, and transported and stored in the location where the District can easily access them. Salvaged materials from all structures shall be transported to this location. All salvage materials are the property of the District. If the materials are not suitable for District purposes, the District will solicit bids for the materials. The contractor may submit a bid for the materials.

If the contractor identifies additional materials or additional time beyond the amount indicated in the bid proposal to salvage materials, the contractor shall immediately notify the District representative. The contractor shall not demolish or destroy materials suitable for salvage without the written permission of the District representative.

P. Schedule. Contractors Schedule shall include onsite work, permitting, and submittals.

Q. Meetings. The Contractor’s Superintendent and/or Project Manager shall facilitate once-a-week

Progress Update Meetings with the District Representative and District’s consultants either on-site or via teleconference. Meetings shall address the following:

i. Safety – Contractor shall document any and all safety incidents or “near misses”.

Contractor shall review work that is planned to occur over the next three weeks, and prepare and discuss the proposed safety,

ii. Schedule – Contractor shall provide a “1-week” and “3-week” look ahead schedule to discuss.

iii. Work Progress – Discuss work progress, monitoring requirements, RFI’s and Change Proposals.

R. Bridge Protection. The contractor shall abide by all maximum load requirements per existing signage. The Mckannay Property has a series of existing bridges used to access the site. The maximum load allowed across these bridges is 3 tons for a 2-axel vehicle, 5 tons for a 3-axel vehicle, and 7 tons for a 4-axel vehicle.