Bid Notice.pdf

RFPQ- Engineering Services for Schilling Lake Spillway Repair Project

Rev. FEB 2023

MIDPENINSULA REGIONAL OPEN SPACE DISTRICT

REQUEST FOR PROPOSALS & QUALIFICATIONS

September 16, 2026

INVITATION

The Midpeninsula Regional Open Space District (District) is pleased to announce the opportunity to provide design and engineering services for the Schilling Lake Spillway Repair

(Project) at Thornewood Open Space Preserve.

PROJECT DESCRIPTION

Introduction

Location.

Schilling Lake is located within Thornewood Open Space Preserve, a 167-acre preserve located approximately 6 miles south of the town of Woodside. The preserve lies along the eastern slopes of the Santa Cruz Mountains offering shaded trails that traverse through oak, madrone, redwood, and Douglas-Fir woodland. The trail network within the preserve supports hiking and equestrian use.

Site Conditions and Surroundings.

Schilling Lake is a man-made lake that is approximately 0.5 acres in size. The waterbody is located at the southern end of the preserve and is surrounded by redwoods and mixed woodland. It can be accessed via existing unpaved and mixed-use preserve trails with no formal vehicular access to the immediate pond area.

Background

A small earthen dam impounding the body of water was first constructed in the 1800s and then retrofitted with a network of concrete chutes leading to the existing spillway in the early 1900s. To mitigate deterioration of the concrete spillway, District crew installed

HDPE pipes in 1998. The existing outfall has become undercut and washed away, leading to a shotgun release of water creating a relatively large pool directly below the spillway. In addition, it appears that water is bypassing the HDPE piping outlet of the spillway, leading to scouring of the adjacent hillside. Concrete and debris have been washed downstream and deposited in the incised channel.

Brief Description of the Project.

The District is seeking to retain an engineering firm to provide professional design services to repair the outfall of Schilling Lake’s existing damaged concrete spillway.

Additional analysis and design are required to repair and stabilize the incised drainage channel directly below the spillway.

Available Technical Studies

Avila and Associates Consulting Engineers, Inc. conducted an aquatic resources delineation of the Project site and surrounding areas in July 2026. The jurisdictional delineation report is included as Attachment 7 to the RFPQ. The associated GIS data developed by Avila and Associates will be provided to the selected consultant. In addition, the District will be soliciting for a biological consultant separately to perform a botanical survey of the entire preserve in 2027, which includes the entire project site. Findings from the botanical survey are anticipated in Spring of 2027.

Project Design Objectives and Requirements

This RFPQ intends to retain the services of a qualified engineering firm that can prepare full design and construction documents to effectively repair the lake’s existing concrete spillway and stabilize the downstream creek channel to ensure long-term structural integrity while allowing the upstream impoundment to naturally transition to a sediment-filled condition. The existing spillway system will need to be evaluated in totality and recommendations for partial or full repair are required. Functionality of the existing piping and spillway will need to be evaluated and determined if it can be repaired, or if it needs to be replaced. Once the spillway repair is addressed, the District will allow the lake to fill in naturally through the process of succession. This is part of the District’s restoration efforts where eventually, shrubs and trees will establish and the meadow will become forested as the area around it. The Project objective includes evaluation of existing hydrologic, hydraulic, and geomorphic conditions, and the designs for minimum of three (3) repair options. In addition, the existing trail culverts referenced on

Attachment 3, will need to be evaluated and upsized based on H&H findings. The culverts will provide drainage crossings for future recreational trail use and District maintenance and patrol activities. The design team must take into account regulatory permitting requirements when determining and recommending the size and material of the culvert. An optional analysis of anticipated sedimentation rates to estimate the timeframe for the lake to fully infill, and assessment of hydraulic performance and flow rates after sediment accumulation may also be required as an alternate project objective.

The project may require permits from various local jurisdictions and regulatory agencies depending on the extent of in-channel work, grading activities, and environmental impacts.

These agencies include but are not limited to San Mateo County Planning and Building

Departments, California Department of Fish and Wildlife, San Francisco Bay Regional Water

Quality Control Board, and United States Army Corps of Engineers. The District will be responsible for submitting and acquiring all permits, but the consultant should demonstrate experience with projects requiring similar permits and provide assistance and support as required during the permitting process. Additionally, the District holds programmatic CEQA and permit coverage from San Mateo County and the regulatory agencies listed above for routine repairs and maintenance activities. It should be noted that some components of the project such as the new culvert installation, debris removal, and channel restoration and repair may be covered under the

District’s existing programmatic maintenance program. Jurisdictional impact quantities identified during the design phase will determine the Project’s permitting process.

The District is separately soliciting proposals for an environmental consultant(s) to provide environmental support services, including but not limited to: botanical and biological surveys, preparation of mitigation and exclusionary plans for impacts to wildlife, establishing regulatory permitting strategies, providing support to apply for and acquire environmental regulatory permits, the creation and submittal of CEQA filings as required, completion of pre-construction surveys, and providing construction monitoring services. The selected design consultant shall coordinate and collaborate with the selected environmental consultant(s) and District representatives on proposed solutions and impacts, project schedule, and permitting strategies.

Scope of Work

The District is seeking to retain a full-service design team, led by a Civil or Structural Engineer to conduct the tasks listed below.

TASK 1 – REVIEW EXISTING INFORMATION, CONDUCT SITE INVESTGATIONS,

PREPARE HYDROLOGIC AND HYDRAULIC REPORT

The Consultant shall review all attachments provided in this RFPQ, existing site conditions, and surroundings. The Consultant shall also perform a hydrologic and hydraulic (H&H) analysis to develop information on the recurrence flows at various intervals as well as to determine the height of the 100-year flood plain. Hydrologic modeling shall be performed using the Army

Corps of Engineers HECHMS or other approved software. The H&H analyses should consider the local geomorphology of the site, and consider the influence of climate change on the frequency and magnitude of storm events. The H&H report produced from these studies will be used to consider project options at this point.

The Consultant shall complete a topographic survey as necessary to prepare accurate construction documents. The survey shall show existing trees and their DBH, and surface terrain in areas where LiDAR data does not suffice. Contours shall be shown at one (1) foot intervals or as appropriate to clearly define the slopes. Spot elevations shall be shown to an accuracy of ±0.1

(one tenth) of a foot. Survey data shall be provided to the District following the Districts Map and Record of Survey Requirements (Attachment 5). The District will provide available and applicable reports, studies, and GIS data to the consultant. However, Consultant shall complete necessary topographic surveys to complete detailed design work.

TASK 1 DELIVERABLE

• Review of existing information

• H&H Report

• Topographic Survey

• Survey information. CAD drawings and/or DWG files must be delivered in a georeferenced format. The horizontal projection must be State Plane Coordinate System

(CCS83, Zone 3) and vertical datum must be NAVD88 datum.

• Allow for (1) kick-off meeting with Midpen staff and others, including minutes.

• Allow for (1) in-person meeting with Midpen staff, including minutes

• Allow for (3) virtual coordination meetings with Midpen and others, including minutes.

• Allow for (1) site visit with Midpen and others, including minutes.

• Memorandum summarizing key findings while incorporating the H&H, including but not limited to topics discussed, concerns and action items.

TASK 2- BASIS OF DESIGN

The Consultant shall incorporate findings from Task 1 and conduct a geotechnical investigation at the location of the planned repair site adjacent to the outlet of the existing spillway. The design shall take into consideration factors such as equipment access, constructability, construction costs, environmental impacts, existing site conditions, anticipated grading limits, evaluation of proposed grades, resilience to climate-driven storm events and permitting requirements.

Final geotechnical and design recommendations shall include repair to the existing concrete spillway and outlet into the stream channel, and restoration efforts for downstream areas affected by spillway flows. The Consultant shall perform a minimum of eight (8) exploratory borings to characterize subsurface soil and groundwater conditions to inform spillway and outlet design, recommendations for stabilization of channel erosion caused by spillway failure, recommendations for repair of existing trail crossing culverts, and to assist in construction access design. The consultant shall utilize the findings from the exploratory borings and associated geotechnical analysis for the basis of design. The basis of design shall incorporate and evaluate potential impacts within the riparian corridor, anticipated permitting requirements, rough order of magnitude cost estimates, and material considerations.

Regulatory permit coverage may be provided under the District’s Open Space Maintenance

Restoration Program (Attachment 6, OSMRP Program Activity Work Limits per Activity Type).

The final Basis of Design will memorialize the decisions made following coordination with the

District and site investigation.

TASK 2 DELIVERABLE

• Geotechnical report (provide a minimum of 8 exploratory borings)

• Draft basis of design for approval by Midpen.

• Final Basis of Design Memo shall identify and evaluate construction access, design recommendations to replace three (3) trail crossing culverts, feasible repairs to the spillway, outfall and stream channel and restoration alternatives. The memorandum will identify the preferred improvements and provide the technical rationale, preliminary costs, schedule considerations, and permitting and environmental requirements.

Consultant shall provide a minimum of three repair options for District review and selection to move forward to 35% conceptual designs.

• Allow for (3) virtual meetings with Midpen and others, including minutes.

TASK 3- 35% CONCEPTUAL DESIGN

The Consultant shall develop the selected basis of design into 35% conceptual design documents including plans, sections, elevations, and renderings. The 35% conceptual design documentation shall reflect a project that is feasible, permittable, aligned with the established budget, and positioned for successful jurisdictional permitting if necessary. This task should also include budget for a pre-application site visit with pertinent regulatory agency staff.

TASK 3 DELIVERABLES

• 35% conceptual design drawings.

• 35% conceptual cost estimate.

• Preliminary impact tables to inform permit requirements (temporary and permanent calculations).

• Allow for (3) virtual meetings with Midpen and others, including minutes.

• Allow for (1) site visit with pertinent regulatory agency staff, Midpen staff and others, including minutes.

TASK 4 – 65% DESIGN

Upon approval of the basis of design, consultant shall develop 65% design documents for the project. The detailed 65% design plan will advance the preliminary designs into one that will be suitable for all regulatory permitting applications. The plan set shall include, at a minimum, the following information:

1. Title sheet, project location and description including APN’s and existing infrastructure, glossary, earthwork volumes.

2. Elevations, locations, extent and slope of all proposed final grading shown by contours.

Location of any fill disposal areas, buttress fills, subdrains, or other special features to be included in the work. Base map must provide accurate contours showing the topography of the existing ground.

3. Specifications, cross-sections, profiles, elevations, dimensions and construction details for the spillway and dam repair, together with supporting calculations and maps.

4. Location, width, direction or flow and approximate location of top and toes of banks or any watercourse, including ordinary high-water mark and riparian drip line.

5. General location and character of vegetation covering the site, including all trees proposed to be removed and all trees 12" diameter breast height (dbh) within 20 feet of the area to be disturbed.

6. Erosion Control Plan

7. Diversion and Dewatering Plan

8. Technical Specifications

Once the 65% percent design is completed and a detailed project description has been sufficiently developed, the project must attain permit coverage either through the District’s Open

Space Maintenance Restoration Program, or else through three environmental regulatory (state and federal) permits: Section 404 permit from the US Army Corps of Engineers (USCOE), a 401

Water Quality Certification from the Regional Water Quality Control Board (RWQCB), and a

Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW).

Should environmental regulatory permits be required, the District’s environmental consultant will prepare the necessary regulatory permit application/notification packages for each of these permits with support from the design consultant. This task should include budget for meetings with the regulatory agencies, reviewing permit conditions, and preparing design data to support the permitting process.

TASK 4 DELIVERABLES:

• 65% PS&E (Plans, Specifications, and Cost Estimate) Documents

• Impact tables, technical specifications, and documentation as needed to support environmental consultants in the regulatory permitting process.

• Allow for (3) virtual meetings with Midpen and others, including minutes.

TASK 5 – 95% PS&E PERMITTING SUPPORTS

Consultant shall develop the project documents to 95%. District will review the 95% PS&E and provide comments for consultant to incorporate. . The District will use the 95% plan set to apply for and receive Planning and Building Permits from the County. The Consultant will incorporate regulatory permitting comments and local building permit comments into the plans. Assume at least two rounds of review and edits from regulatory agencies (CDFW, Army Corp of Engineers, and Waterboard) and up to six rounds of local San Mateo County permitting.

TASK 5 DELIVERABLES

• 95% PS&E

• Final impact tables

• Review and respond to up to four rounds of review from regulatory agencies Review , plan updates and comment response letters detailing responses to San Mateo County plan check comments. Up to six rounds of review, plan edits, and comment responses.

• County Special Inspection Form

• Allow for (4) virtual coordination meetings with Midpen and others, including minutes.

TASK 6- 100% PS&E

The 100% submittal will include revisions to the 95% PS&E per regulatory permitting agency, County and District comments and will include materials lists and any special construction sequencing plans in addition to the plans, profiles, sections, details, and technical specifications.

The 100% submittal shall be stamped and signed and will be used for bidding purposes.

Consultant shall prepare the Bid Form; District staff will prepare the remaining front-end documents and compile the final bid package for publishing.

TASK 6 DELIVERABLES

• Final PS&E

• Bid Form

• San Mateo County Building Department permit forms and special inspection forms

• Allow for (1) virtual or in-person meeting with County permitting staff

• Allow for (4) virtual coordination meetings with Midpen and others, including minutes.

TASK 7 – BIDDING SUPPORT

The consultant should budget time to attend two contractor's pre-bid tours and to respond to all contractor's pre-bid questions related to the project plans and construction, as required.

TASK 7 DELIVERABLES

• Allow for (2) pre-bid site walks

• Responses to contractor’s pre-bid questions, and preparation of addenda exhibits as required (addenda will be prepared by District)

• Plan and/or technical specification updates during the bidding process

• Allow for (1) project teleconference meeting, including minutes

TASK 8- SEDIMENT INFILL ANALYSIS (OPTIONAL)

The Consultant shall perform sediment infill analysis to estimate the rate and extent of accumulation of sediment within the waterbody over time. The evaluation will include review of available topographic, geotechnical, and hydrologic documentation.

The study will also assess anticipated hydraulic conditions once the pond becomes fully or substantially silted in, including changes to flow velocities, water surface elevations, and downstream channel impacts. Findings will inform long-term maintenance planning, regulatory considerations, and potential stabilization strategies for the basis of design for the dam and spillway repair.

TASK 8- DELIVERABLES

• Review available documents

• Technical memorandum summarizing existing conditions and watershed characteristics including exhibit figures such as photo documentation, watershed map, waterbody cross-section, and storage curve.

• Develop hydrologic model to estimate runoff volumes and peak flows

• Estimate annual runoff and sediment loads using accepted empirical methods

• Estimate time to significant capacity reduction of waterbody and full infill under current conditions

• Hydraulic analysis summary memorandum

• Allow for (1) virtual coordination meeting with Midpen and others, including minutes.

TASK 9– CONSTRUCTION ADMINISTRATION AND PROJECT CLOSEOUT

(OPTIONAL)

The consultant should budget time to attend a contractor's pre-construction tour and to respond to contractor's pre-construction questions related to the project plans and construction, as required.

The proposal shall also include construction oversight for the construction phase of the project including:

• Coordination of all required inspections and conduct site visits as needed

• Perform all required geotechnical inspections and testing

• Attend weekly virtual construction meetings

• Participate in project teleconference meetings as needed

• Review and respond to contractor submittals, RFIs & Change Proposal Requests

• Conduct one punchlist and one final site walk to confirm work is complete

• Prepare and submit As-Builts of completed project improvements and submit to the

District electronically (both as a pdf and in AutoCAD) as well as one hardcopy

• Prepare final reports documenting that the work is in conformance with technical specs and approved plans

• Assist in close-out of regulatory and building permits as required.

TASK 9 DELIVERABLES

• Responses to contractor’s pre-bid questions, and addendums as required.

• Responses to contractor submittals, RFIs & change order requests. Prepare ASI’s as required.

• Provide daily field reports and inspection and testing results

• Prepare and submit As-Builts of completed project improvements and submit to Midpen electronically (both as a pdf and in AutoCAD).

• Allow for up to twenty-four (24) site visits, including minutes.

• Allow for up to ten (10) virtual meetings, including minutes.

SUBMISSION REQUIREMENTS

Please keep proposals to no more than twelve pages, not including resumes.

Proposed Approach

Provide a description of how the project team intends to complete the work, including a detailed list of the necessary tasks to complete the project. If appropriate, identify cost saving strategies as well.

Team Description

Provide a description of the team that addresses the following:

Project team structure. Provide an organizational chart or description of the probable team including subconsultants. List all key project team members and explain their role and responsibility throughout the project. Identify the project team members who are the daily contacts. Provide all team member resumes as an appendix at the end of the proposal.

Prior experience. Provide a summary of the background and specific pertinent expertise of key personnel, as well as a statement of their time commitment to the project. Include examples of the project team’s previous experience with comparable projects. Examples should emphasize projects that are in an ecologically sensitive or riparian settings, experience with dam and spillway design and repair efforts, and projects requiring regulatory agency permits. Include descriptive information such as the character of the project, the scope of involvement, location of the project, and the completion of the project. Project teams are encouraged to include illustrations or photographs of work designed and/or developed by team members. Provide a description of the firm’s method of, and experience in, controlling project costs and schedules.

References. Provide a list of at least three current references that have relevant knowledge concerning the project team’s ability to manage similar projects. Names, affiliations, addresses, and current telephone numbers of all references must be provided.

Qualifications

Provide a biography describing the firm qualifications and history, years in business, location(s), legal structure, ownership, organizational structure and key staff who would be committed to this project.

Project Fee

Provide a detailed estimated fee proposal that is divided by phase. The fee proposal should include all anticipated reimbursable expenses as a separate line item, the charge rates of the people who would perform the work (please identify tasks to be performed by sub-consultants), and a standard hourly rate schedule. Provide a description of the key assumptions used to calculate the project fee. Please include a fee to perform Optional Tasks

8 and 9.

Agreement Template

Provide a statement of the firm’s acceptance of the District’s agreement, including insurance and indemnification requirements. See attached the District’s Professional Services

Agreement Template. Please note that contractual terms and conditions submitted with a proposal will not be considered part of the District’s agreement.

SELECTION PROCESS

This Request for Proposals is being distributed to firms who have come to our attention based on the quality of their work, and it is posted on the Bidnet for wider dissemination in order to elicit proposals from interested and qualified firms. Proposers may be asked to make a general presentation of their plan to a selection committee and/or attend an interview. The selection committee reserves the right to have discussions with any or all of the proposers. The District will make a recommendation to the Board of Directors for approval of the consultant contract.

Additionally, the District maintains a file of consultants qualified to perform projects in their appropriate professional services categories. Firms that are deemed qualified through this solicitation, even if not awarded a contract for this work, will be identified on a list of pre-qualified consultants for future similar work.

Evaluation Criteria

The goal for each firm should be to prepare a proposal that is comprehensive and concise. The proposal should describe how the proposing firm would fulfill both the goals as explained in this document, as well as the financial requirements and overall business approach. The Teams are encouraged to specify their design and implementation strengths. The District places special emphasis on quality control with regard to the physical plan; proposers should provide clear information on how this goal will be met. Once the proposals are received, the selection committee may require clarification and additional information. The proposals will be evaluated according to the criteria listed and described below. The order of the criteria listed below does not reflect a hierarchy for the final selection.

1. Quality of Proposal

• Consistency with the objectives

• Demonstrating an understanding of the project

• Fulfilling proposal requirements as described in this RFP

• Overall presentation

2. Implementation Approach

• Organization, structure and responsibilities of the project team

• Proposed approach

• Proposed strategies to reduce time and costs

3. Implementation Expertise

• Proven track record, the technical ability of the team to accomplish the District’s goals

• Background, qualifications, experience and expertise of the firm (including subconsultants) in similar projects

• Project Fee

The selection of the team will not be based solely on the "lowest bid." Instead, the District intends select the best overall proposal package to achieve the project goals.

RFPQ and Contract Award Schedule

The following is a tentative schedule that is subject to change. The District will inform all teams of changes in the schedule by fax and correspondence.

September 16, 2026

September 24, 2026

October 1, 2026

October 8, 2026

October 15, 2026

October 27, 2026

November 10, 2026

December 9, 2026

January 2027-December 2028

RFPQ issued

Mandatory Pre-Proposal Site Tour at 10 am

Mandatory Pre-Proposal Site Tour at 10 am

Deadline to Submit Questions by 5 pm

Final Addendum Issued by 5 pm

Deadline to Submit Proposals by 5 pm

Selection committee ranks proposers

Award of Contract

Period of Performance

Interviews and Requests for Additional Information from the District

The District reserves the right to conduct personal interviews or require presentations of any or all proposers prior to the selection. The District reserves the right to request more detailed information from one or more proposers to provide for a reliable comparison between proposals.

Requests for Additional Information and Questions

Specific questions and or requests for explanation related to this RFPQ are due by 5:00 PM, October 8, 2026 . Questions and or requests for explanation may be emailed to syao@openspace.org. Additional and updated information will be listed as an addendum to the

RFPQ and posted to Bidnet.

The addenda issued by the District on Bidnet become part of this RFPQ. Each proposer is responsible for checking Bidnet for addenda, notices, and answers to questions to ensure they have access to all pertinent information. In the event a proposer obtains information about this

RFPQ through an means other than Bidnet, the District will not be responsible for the completeness, accuracy, or timeliness of the final RFPQ document. Proposers can rely on this

RFPQ and any subsequent addenda, notices, and answers issued by the District on Bidnet.

Proposers cannot rely on any other written or any other oral statements of the District or its officers, Directors, employees or agents regarding matters covered by the RFPQ, including information that is sent separately via email.

PROPOSAL DEADLINE

One (1) copy of each final proposal are to be submitted electronically via email by Tuesday, October 27th at 5:00 pm, to Sean Yao, CPM I, at syao@openspace.org. The District at its sole discretion may grant an extension to all candidates if circumstances require additional time.

Responding teams should assume that the District may initiate discussions simultaneously with all respondents.

PRE-PROPOSAL CONFERENCE

At this time, mandatory pre-proposal conferences will be held on September 24th and October

1st at 10 AM. Prospective Project Leads must attend at least one site tour, but attendance of both tours is not required. RSVP to Sean Yao, syao@openspace.org no later end of the day prior to receive instructions for the site. If inclement weather delays the pre-proposal conference, notifications will be given to all interested firms.

VISITING THE PROJECT SITE

Access to the proposed project site is open to the public and off-trail hiking is allowed within the preserve.

PROPOSAL SUBMITTAL

Each respondent must submit an electronic proposal via email to the District by the proposal deadline at 5:00 PM, October 27, 2026. To ensure transmission, limit email size to 20 MB. If several emails are submitted, please specify this in the email. You may also provide a link to a data sharing site if the Proposal is anticipated to exceed the allowable email attachment threshold. Please submit proposals to Sean Yao, Capital Project Manager I at syao@openspace.org.

The District at its sole discretion may grant an extension to all candidates if circumstances require additional time. Responding teams should assume that the District may initiate discussions simultaneously with all respondents. The District reserves the right to reject any or all proposals received and to request additional information or clarification as necessary.

Following review of the proposals submitted, selected teams may be notified of the opportunity to participate in a virtual interview with the District, if needed.

GENERAL STIPULATIONS

The District is not responsible for any expenses which proposers may incur in preparing and submitting the proposal. The District will not be liable for any costs incurred by the proposers that are related to the RFP process; this includes production of the proposal, interviews/presentations, travel and accommodations. The District reserves the right to request or negotiate modifications to the proposals that are deemed appropriate. All proposals received from proposers in response to this Request for Proposal will become the property of the District and will not be returned to the proposers. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the District. The District reserves the right to reject any and all proposals and to waive minor irregularities. The District also reserves the right to seek new proposals or re-advertise if responses have not been satisfactory or for any other reason.

PUBLIC RECORDS AND PROPRIETARY INFORMATION, INDEMNIFICATION

The District recognizes that proposers will occasionally believe that all or portions of their proposals are confidential or proprietary. This can present problems in participating in a public mailto:syao@openspace.org agency RFP process. All proposals, strategies, supporting information, rate schedules and other information and documents are presumptively public records under the California Public

Records Act (Gov’t Code section 6250 et seq.), subject to prompt disclosure upon request by any member of the public.

The District is not soliciting, does not wish to receive, and will not treat any information received under this proposal as proprietary or confidential information, unless specifically called for or expressly accepted by the District General Counsel in writing, and will be accepted and considered only when, in the sole discretion of the District it is necessary to serve the public purpose of the project. If the inclusion of confidential or proprietary information is determined to be necessary to the proposal, proposers must identify each and every specific item and each and every page, and segregate the information into a separate envelope or electronic file labeled conspicuously as confidential, with a cover page describing the information and applicable law exempting the same from disclosure. Any material marked or claimed as confidential or proprietary may be returned to the proposer by the District or destroyed and may not be considered in the review of proposals if the claim does not appear justified or would inhibit the public purposes of the project proposed.

If the documents have been properly marked and expressly accepted as confidential and proprietary in writing by the District General Counsel, the District will make its best effort to advise the proposer of any Public Records Act request, should any be received, seeking documents claimed to be confidential or proprietary, to give the proposer an opportunity to take legal steps to protect such property from disclosure to third-party requester. The District expressly disclaims any duty and will not defend the confidentiality or proprietary nature of any information submitted. By submitting any confidential or proprietary information to the

District, the proposer agrees to holds harmless and indemnify and defend the District and its officers, employees, and agents for any and all costs, including attorneys fees, incurred by the District or awarded to a Public Records Act requester relating to a request for release of proposer’s data should the proposer ask the information to be handled as proprietary or confidential.

LIST OF ATTACHMENTS

1) District Professional Services Agreement Template

2) Project Area Map

3) Site Map

4) Site Photos

5) District’s Data Schema

6) OSMRP BMPs

7) Wetland Delineation Report

8) Schilling Lake Dam Breach Hydraulic Report