Supplemental Conditions.pdf

Madonna Dam Repair Project

D.3 Supplemental Conditions of the Agreement Page 1 of 9

SUPPLEMENTAL CONDITIONS

Of the Agreement

Madonna Creek Dam Repair Project

Miramontes Ridge Open Space Preserve

San Mateo County, California

Date: May 7, 2025

Supplemental Conditions of the Agreement

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SUPPLEMENTAL CONDITIONS

Of the Agreement

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 Madonna Dam Repair 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 repair and to stabilize the embankment immediately downslope of the lower dam as fully described within the project Contract Documents. Refer to the Location Map and Site Photos.

C. Site Information

Environmental Compliance. The potential environmental impacts of the Project are covered under the District’s Open Space Maintenance Program (OSMRP). The OSMRP authorizes maintenance and restoration activities to be conducted within unincorporated areas of San Mateo County without additional permitting with regulatory agencies. Refer to Attachment A. The project scope is covered under the San Mateo County Permit- Covered Activities List. Refer to Attachment G.

The District will provide a qualified biologist to conduct pre-construction surveys and will provide biological monitoring prior to and during construction in accordance with the Mitigation Monitoring

Program (MMP) for the Preserve. The Mitigation Measures developed as a part of the scope of work and adopted to mitigate impacts for all work to be completed at Madonna Dam are included in the District’s Open Space Maintenance Program’s Best Management Practices (OSMRP BMPs).

Refer to Attachment B. Construction may not commence until the pre-construction and biological surveys are completed. The Contractor will be required to complete all work in strict compliance with the OSMRP.

Access The Project site is accessible via Muddy Road off Highway 92 adjacent to La Nebbia

Winery. The lower dam is located approximately 2.5 miles east of the Highway 92/ Highway 1 interchange in the Town of Half Moon Bay. Refer to the Project Access Map.

Staging of any equipment or materials and parking of vehicles adjacent to the access road between

Highway 92 and the Pilarcitos Creek Bridge is strictly prohibited due to private property restrictions. Contractor shall not obstruct access over the access road at any time without the

District’s prior written authorization. Contractor shall not park or idle vehicles along the access road or on private property adjacent to the access road at any time. Please refer to the Staging Location

Map for the approved staging location.

Site Utilities Electrical services are not available at the project site. Contractor shall be responsible for providing any temporary electrical service, if required, for its work on site.

Water is not readily available on site. Contractors may be required to provide their own storage tanks and/or water trucks for use during grading of the site.

There is not an existing portable toilet and wash station available on site for contractor use. 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, Sean Yao, 5050 El Camino

Real, Los Altos CA. 650-772-3645.

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

Contractor shall not discuss the work with the public (including adjacent property owners) except when coordinated and approved by the District Representative. The project site is not accessible to the public. 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 the construction site is via Muddy Road off Highway 92. Muddy Road is the only means of ingress and egress from the project site. 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 San Mateo 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. Open Space Monitoring and Reporting Program (OSMRP)

i. Contractor is responsible for conducting all Work in compliance with the OSMRP and the applicable BMPs. Refer to Attachment A and Attachment B.

ii. Contractors’ schedule shall incorporate all regulatory coordination and permitting, District inspections, site assessments, sampling and clearances as described in the OSMRP and the

Project Notification Sheet. Refer to Attachment F. Contractor should be aware that some work (hot work during red flag warnings) may be restricted at certain times of year, and the construction schedule shall incorporate these constraints. District will not entertain claims for time or cost associated with Contractors failure to address environmental constraints in the development of the Project Schedule.

iii. Any changes to the Project Schedule must be provided to the District as soon as possible and no more than four (4) hours after conditions require a change to insure the District is able to reschedule any additional monitoring, testing and/or inspection.

iv. The District Representative will coordinate closely with Contractor to provide MMRP-required inspections and pre-Work assessments and clearances.

v. The District is the “lead” agency for monitoring compliance with the MMRP. The following further clarifies Contractors’ responsibility for compliance with the MMRP.

vi. The District will provide a qualified biologist to conduct pre-construction surveys and will provide biological monitoring prior to and during construction in accordance with the

Mitigation Monitoring Program (MMP) for the Preserve. The contractor is responsible for taking and adhering to directions provided by the qualified biologist.

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

Contractor of the responsibility to comply with applicable laws and regulations.

L. Storm Water Compliance. The Contractor is responsible for implementing the Erosion Control measures, site BMP’s, and good housekeeping practices in conformance with contract documents, regulatory governances, and direction of the District.

M. Dewatering

The Contractor shall submit a dewatering plan for dewatering the project site. The plan shall address the methods, equipment, discharge locations, and environmental protection measures for dewatering the project site, including the removal of water from the impounded pond. The

Contractor shall have the plans ready for review and approval by the District at least seven (7) working days prior to the start of any dewatering activities. The Engineer shall approve all work for dewatering, control and removal of water proposed by the Contractor.

i. The Contractor shall furnish, install, and operate all necessary machinery, appliances, and equipment to divert flowing water around work areas, and to keep excavations and trenches reasonably free from water during construction. Contractor shall dispose of the water so as not to cause injury to public or private property, or to cause a nuisance or a menace to the public, or to degrade water quality.

ii. Pumps may be used for this project, the contractor shall at all times have on hand sufficient pumping equipment and machinery in good working condition for all ordinary emergencies and shall have available at all times competent mechanics for the operation of all pumping equipment. If pumps are to be used, then pumps shall be placed in flat areas and be well away from the stream channel. Secure the pumps by tying to a tree or stake to prevent movement caused by the vibrations. Refuel pumps in an area that is well away from stream channel and place fuel absorbent mats under pump while refueling.

iii. A discharge hose shall be located outside of the project site premises and shall discharge downstream of the construction zone with appropriate desilting and outfall protection.

iv. Return flow shall be filtered through clean aggregate base and filter cloth. Procedure for diversion shall be reviewed with and approved by the Engineer prior to commencement of any work in creek channel. Submit sketch plan to Engineer for approval.

v. The Contractor shall remove water that may accumulate in the excavation while the construction work is in progress so that all work can be done in de-watered conditions.

All contaminated water shall be removed from the excavation before it is backfilled. The excavation shall be kept free from water until backfilling has progressed to a height above the water source. The discharge of water shall not result in the deposition of sediments that could cause current or future nuisance or adversely affect the beneficial uses of the receiving water area.

vi. The contract lump price for Dewatering shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for performing all the work involved as shown on the plans and as specified in these Special Provisions, the

Standard Specifications, and as directed by the Engineer and no additional compensation will be allowed.

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

District has a C&D WSD Policy (Policy). Contractor shall adhere to the C&D WSD requirements as set forth. The District Representative is responsible for documenting conformance with the

Policy. Refer to Attachment K for the Policy.

i. Waste-Stream Diversion: The Contractor shall prepare a waste-stream diversion plan describing how all non-hazardous demolished materials will be handled. Waste-stream diversion plan (WSDP) shall list all materials that will be sent to the landfill, with an explanation of why they cannot be recycled or salvaged. Contractor shall provide receipts for all materials disposed of offsite including a certified recycling center or salvage company. Contractor is required to recycle 100% of all concrete, non-treated wood, steel, metal, and cabling. The Contractor shall submit the Waste Stream Diversion report (and tags) to San Mateo County upon final inspection from the County and before submitting the final payment application.

Schedule. Contractor Schedule shall include Permitting, Submittals, and all IS/MND BMP implementation and reporting requirements..

O. Meetings. The Contractor’s Superintendent and/or Project Manager shall facilitate weekly

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 an updated construction schedule that includes:

a. Overall project schedule

b. Current week

c. Three following weeks

d. Current and potential delays

e. Inspections by District, County, or others

iii. Work Progress – Updates on work progress, upcoming monitoring requirements, significant events, and project milestones.

iv. IS/MND – Updates regarding the compliance requirements.

v. RFIs and Submittals – Meeting attendees shall review status of any pending RFI’s and submittals.

P. Phyto-Sanitation Requirements. This project is subject to District standards on phyto-sanitation, as outlined in the contract documents and the District Guidelines for Minimizing Phytophthora

Contamination. Refer to Attachment I. It is the Contractor’s sole responsibility to implement, monitor, and demonstrate compliance with all requirements. All imported material shall be virgin and certified free of soil-borne pathogens.

Q. Project Granting Requirements. Contractor is advised that the granting agencies may require additional reports and audits from the Contractor who has the sole responsibility of researching those reporting requirements with the granting agency.

R. Work Plans. Work Plans are descriptive submittals for complex or interdependent work activities. They provide detail on equipment and labor involved, access and staging routes, duration, inspections required, and apparent risks. The Contractor shall be responsible for preparing Work Plans as requested by the District.

S. Soil and Vegetation. No import of soil from outside the preserve shall be allowed without written pre-authorization by District representatives. Off-haul of soil and vegetation is not anticipated; all excess soil can be spread on site. Vegetation can be chipped and spread on site as erosion control material. Tree trunks can be trimmed down to 8’ lengths and placed on site, at the direction of District representatives.

T. Site Security. The contractor is responsible for all site security. The project site shall not be made accessible to the public at any time during the duration of the project. Equipment and materials shall be secured and locked during non-working hours.