Environmental_Monitoring_and_Biological_Sampling_Services_for_the_Newport_Bay_Watershed_(Addendum_#1_Revision).pdf

COUNTY OF ORANGE

OC PUBLIC WORKS

REQUEST FOR PROPOSAL (RFP)

FOR

ENVIRONMENTAL MONITORING AND BIOLOGICAL SAMPLING

SERVICES FOR THE NEWPORT BAY WATERSHED

RFP NO. 080-2997708-RE

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/ocgov https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Orange RFP

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

County of Orange

OC Public Works

Procurement and Contract Services

601 North Ross Street

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release of RFP Solicitation February 17, 2026

Question Submission Deadline March 3, 2026, 2:00pm

RFP Submittal Closing March 17, 2026, 2:00pm

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Tuesday, March 17, 2026

2:00 pm

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. PROTEST PROCEDURES

SECTION 3. SCOPE OF WORK

SECTION 4. SCORING CRITERIA

SECTION 5. COST PROPOSAL

SECTION 6. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

SECTION 7. VENDOR RESPONSES

Attachments:

A - Model_Contract_DRAFT

B - Orange_County_District_Attorneys_Office_Public_Works

C - Jobsite_Safety_Checklist

D - Contractor_Safety_-_Activity_Checklist

E - 306_-_Contractor_Safety_Responsibilites

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

The County intends that the successful Respondent shall provide Environmental Monitoring and

Biological Sampling Services for the Newport Bay Watershed proposed in accordance with contract requirements set forth in the solicitation and Model Contract, including Attachments.

1.2 COUNTY HOLIDAYS DURING SOLICITATION PERIOD

During this solicitation period, the OC Public Works will be closed on the following County holidays - https://hrs.oc.gov/employee-relations/employee-resources

1.3 INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

A. Responses are to be uploaded via the County's eProcurement Portal at https://procurement.opengov.com/portal/ocgov. For assistance on uploading Response via County’s eProcurement Portal, please contact procurement-support@opengov.com or https://help.procurement.opengov.com/en/

B. Examine the Contract Documents and the site of the proposed work carefully before submitting a Response for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents.

The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Response. If any person contemplating submitting a response to this

Request for Proposal (RFP) is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Deputy

Procurement Agent (DPA) via the County’s eProcurement Portal under the bid page for this solicitation.

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued, and the information will be posted via the County’s eProcurement Portal. Any interpretation of, or correction to, this solicitation shall be issued by the DPA. It is the responsibility of each Respondent to periodically check the County’s eProcurement Portal to ensure that they have received and reviewed any and all addenda to this solicitation.

The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. If an addendum is issued, Respondents must acknowledge the addendum via the County’s eProcurement Portal.

All questions or requests for interpretations must be received within this solicitation by Tuesday, March 3, 2026, before 2:00 pm. The DPA will provide all official communication concerning this solicitation. Any County response relevant to this https://hrs.oc.gov/employee-relations/employee-resources https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE solicitation other than through or approved by the DPA is unauthorized and will be considered invalid.

C. Responses must be valid for a period of at least three hundred sixty-five (365) calendar days from the closing date and time of receipt. No Response may be withdrawn after the submission date.

D. Each Respondent must submit their response electronically via the County’s eProcurement

Portal.

E. All pages must be submitted on standard 8.5 x 11-inch paper, numbered and identified sequentially by section. Responses must be organized and indexed as outlined in the

Response Requirements Section. It is imperative that all Respondents comply, exactly and completely, with the instructions set forth herein. All responses to this solicitation shall be type written or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response if the material is included in the same section as additional information.

F. Responses are not to be marked as confidential or proprietary. The County may refuse to consider any Responses so marked. All Responses and supporting documents will be subject to the provisions of the California Public Records Act (California Code

Government Code 7920.000 et seq.) (PRA) and will be disclosed or withheld in accordance therewith. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Responses shall become the property of the County.

Respondents should not request that certain information be treated as exempt, and statements in the Responses should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Respondents have the sole responsibility of obtaining any applicable injunctive reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to County pursuant to PRA or a subpoena for disclosure of such information.

G. Each Respondent shall exercise reasonable care and diligence to avoid submitting a

Response that could result in a conflict of interest if Respondent were to be selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in response. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE regard to this Project, Respondent should consult with its legal counsel prior to responding to this solicitation. Any Respondent who is found to have an actual conflict of interest may have its response rejected on that ground.

Respondent, its employees and/or consultants may be subject to the provisions of the

California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may be materially affected by services provided under this Contract, (2) prohibits such persons from making, or participating in making, decisions that could reasonably affect such interest; and (3) may require the filing a Statement of

Economic Interest (Form 700).

If subject to the Act, Respondent shall conform to all requirements of the Act. Failure to do so shall constitute a material breach and is grounds for immediate termination of the

Contract by County. Respondent shall indemnify and hold harmless County for any and all claims for damages resulting from Respondent’s violation of this Section.

H. By submitting a response, the Respondent represents that it thoroughly examined the

County’s requirements, is familiar with the services required under this solicitation and is qualified and capable of providing the services to achieve the County’s objectives.

I. Each Respondent must submit its response in strict accordance with all requirements of this solicitation and compliance must be stated in the response. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items on additional information section for the County’s consideration as specified in the

Response Requirements Section, “Statement of Compliance.”

Note: Allow sufficient time to upload all required files. The County’s eProcurement Portal will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 1:58:38 P.M. and Part 3 is in progress of being uploaded at 2:00:01

P.M., Part 3 will not upload successfully.

J. Pre-contractual expenses are not to be included in the Cost Proposal, Attachment B, Pricing and Compensation. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing the response to this solicitation; b) submitting that response to the County; c) negotiating with the County any matter related to the Respondent’s response; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.

K. Any response may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the solicitation, including but not limited to technical features, acknowledgment of receipt of addenda, and page number limits, etc. These are common causes for deeming a response non-responsive.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

L. Where two or more Respondents desire to submit a single response to this solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm that may subcontract with multiple firms (team) but not with multiple firms doing business as a joint venture.

M. County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

N. The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your submission response.

O. The County requires a valid UEI number and full registration prior to Contract

Award. Your company must obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your submission response.

P. Effective from the issuance date of this solicitation until a Contract is awarded or the solicitation is withdrawn, all individuals or entities responding—including their employees, agents, representatives, proposed partners, subcontractors, members, lobbyists, or attorneys (collectively "Respondents")—are prohibited from engaging in any direct or indirect communication with County personnel involved in the selection process, except with the designated Deputy Procurement Agent (DPA). Respondents may continue conducting business with the County on matters unrelated to this solicitation and may communicate with County staff, provided the solicitation is not discussed. Any attempt to engage in discussion regarding this solicitation with anyone other than the designated DPA will be presumed to create an unfair competitive advantage and may result in disqualification.

Q. After the closing date and time for receipt of Responses, evaluation, and if requested by the County, interviews will commence. Respondents who submit Responses most responsive to the County’s requirements may be asked to give a presentation of their response to County staff. The County makes no guarantee as to the number of Respondents selected for interviews. Selected Respondents should be prepared to make its presentation within five (5) business days after notification and be prepared to discuss all aspects of its response in detail, including technical questions regarding the response. Respondents shall not be allowed to alter or amend its response through the use of the presentation process.

1.4 MINIMUM QUALIFICATIONS/REQUIREMENTS

Respondent’s shall meet the following minimum requirements and qualifications to proceed to the evaluation process. Failure to have the ability to, upon County request, provide any of the items requested below may result in disqualification of your response. These qualifications must be maintained during the term of any resultant Contract.

http://www.dnb.com/ http://www.usfcr.com/

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

A. Minimum five (5) years of experience providing environmental monitoring services involving biological sampling and regulatory reporting.

B. Demonstrated experience with fish tissue and/or avian biological sampling and watershed monitoring programs.

C. Proposed personnel with appropriate technical qualifications and project management experience.

D. Ability to obtain and maintain all required state and federal permits for fish tissue and avian biological sampling activities .

E. Experience preparing and implementing Quality Assurance Project Plans (QAPPs).

F. Experience with SWAMP guidelines and CEDEN Data Reporting

1.5 EVALUATION PROCESS

Responses deemed to meet all minimum solicitation requirements will be scored based on the established evaluation criteria, and will be assigned points that measure the responsiveness to each identified criterion. The total number of points earned will be tallied for each response, based upon the Respondent(s) submitted written materials.

Responses shall be evaluated by an Evaluation Panel of job knowledge experts on the basis of the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the response, including information about the Respondent, Contractors and sub-contractors.

The scoring is based on evaluation of the response as measured against the Scoring Criteria, which includes County of Orange Procurement Preference Policy, in accordance with Sections 1.8-103 and 4.3-112 of the 2024 County Contract Policy Manual (CPM). A copy of the 2024 CPM can be found at https://cpo.oc.gov/cpm. Responses will be evaluated from the most advantageous to the least advantageous to the County.

1.6 SELECTION/AWARD PROCEDURES

Upon the completion of the evaluation process, the Evaluation Committee will make a recommendation for an award to the County’s DPA. Final award determination shall be subject to reference checks and past performance.

The Model Contract contained herein this RFP is the Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this

RFP, including special conditions and requirements and those added by addendum, necessary attachments and/or exhibits, and to reflect Respondent’s response and qualifications. Any additional exceptions to the terms and conditions made by any Respondent after submission of its response may result in its elimination from further consideration.

https://cpo.oc.gov/cpm

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Exceptions to the terms and conditions of the Model Contract or the statements regarding

Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in VENDOR RESPONSES - Statement of Compliance.

Negotiations may or may not be conducted with the finalist(s); therefore, the response submitted should contain Respondent(s) most favorable terms and conditions, since the selection and award may be made without further discussion or need for clarification. Any additional exceptions to the terms and conditions made by any Respondent(s) after submission of its response may result in elimination from further consideration.

The County will enter into negotiations with the selected Respondent and award a contract upon completion of negotiation of fees and contract terms. The award may be subject to/requires approval(s) by the County Board of Supervisors.

If a satisfactory Contract cannot be negotiated in a timely manner, County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with the next

Respondent.

1.7 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Make use of any information or ideas in the responses submitted.

B. Request response revisions and hold discussions and negotiations with any Respondent as necessary to serve the best interests of the County.

C. Seek publicly available information about the Respondents.

D. Conduct, or not to conduct, oral interviews and/or presentations with the highest-ranked

Respondent(s) and additional Respondents.

E. Waive, at its discretion, any procedural, non-material defects, irregularity, or informality, which County deems correctable or otherwise not warranting rejection of the response that do not result in any unfair competitive advantage. Any waiver will not excuse a proponent from full compliance.

F. Verify and validate any information prior to Contract Award and during the entire term of the Contract.

G. Negotiate the final Contract with any Respondent(s), including pricing/fee schedule, as necessary to serve the best interests of the County;

H. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representations that any Contract will be awarded to any Respondent responding to this solicitation;

I. Award its total requirements to one Respondent or to apportion those requirements among two or more Respondents as the County may deem to be in its best interests;

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

J. Reject any response if it is conditional, incomplete or deviates significantly from the services requested in this solicitation; and/or

K. Request Best and Final Offer from any Respondent determined to be within the competitive range. Unless requested by the County, late Best and Final Offers will not be accepted by the County for any reason. In addition, negotiations may or may not be conducted with Respondents.

L. Make multiple awards to Respondent(s) for services requested in this solicitation, at its sole discretion, to serve the best interests of the County.

M. Defer award of this Contract for a period of 180 days after the solicitation opening.

During this period, Respondent shall guarantee the prices and terms quoted in their responses. The County and the responsive, responsible Respondent may mutually agree in writing to extend this deferral period.

Therefore, responses submitted shall contain the Respondent’s most favorable terms and conditions, since the selection and award may be made without discussion with any Respondent.

1.8 TITLE VI SOLICITATION NOTICE

The County of Orange, in accordance with the provisions of the Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all

Respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, will be afforded full and fair opportunity to submit response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

1.9 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9/W-8 REQUIREMENTS

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide ERP System as an Auditor-Controller vendor, will be required to submit to County a federal Form W-9, or form W-8 for foreign vendors. County will inform

Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, or the Deputy Procurement Agent (DPA) the required W-9 or

W-8.

1.10 LEVINE ACT REQUIREMENT

Effective January 1, 2023, all contractors entering into a contract with the County, will be required to submit the Campaign Contribution Disclosure Form for any contributions made on or after

January 1, 2023. In order to comply with this requirement, Respondent agrees to furnish the required Campaign Contribution Disclosure Information form as a required submittal with its response. Failure to include the form as required will render the response nonresponsive.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

SECTION 2. PROTEST PROCEDURES

PROTEST PROCESS

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy

Procurement Agent (DPA), Robert Esparza at robert.esparza@ocpw.ocgov.com, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five (5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Award of Contract:

A. Protests related to the award of a contract must be submitted to the Deputy Procurement

Agent, Robert Esparza at robert.esparza@ocpw.ocgov.com, no later than five (5) business days after the Notice of Intent to Award is provided by the DPA.

B. Protests relating to a proposed contract award received after the five (5) business day deadline will not be considered by the County.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy

Procurement Agent’s decision, a written appeal to the Office of the County Procurement

Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the appeal, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 3. SCOPE OF WORK

3.1 PURPOSE:

The County of Orange, through OC Public Works, conducts ongoing environmental monitoring within the Newport Bay watershed to support compliance with state and federal water quality regulations, including Total Maximum Daily Load (TMDL) requirements for selenium and organochlorine compounds. These regulatory programs require periodic biological tissue mailto:CPOAppeals@ocgov.com

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE sampling and habitat assessments to evaluate the presence, distribution, and bioaccumulation of contaminants in aquatic ecosystems.

The Newport Bay watershed includes a mix of urbanized drainage systems, constructed wetlands, natural channels, and ecological reserves that provide habitat for a variety of freshwater and estuarine fish and bird species. Monitoring of fish tissue, bird eggs, and fish community structure is necessary to assess ecological conditions, track trends over time, and evaluate compliance with regulatory objectives established by the Regional Water Quality

Control Board and the U.S. Environmental Protection Agency.

The County requires qualified environmental professionals with appropriate regulatory permits and technical expertise to conduct biological sampling, habitat and community surveys, quality-assured data collection, laboratory coordination, and reporting in accordance with approved

Quality Assurance Project Plans (QAPPs) and applicable monitoring protocols, including

California Surface Water Ambient Monitoring Program (SWAMP) guidelines and California

Environmental Data Exchange Network (CEDEN) reporting requirements.

These services are professional environmental monitoring and scientific support services and do not involve architectural design, engineering design, or construction-related activities. The selected Contractor will provide field sampling, data analysis support, and regulatory reporting services to assist the County in meeting ongoing environmental compliance and watershed management objectives.

This scope of work will provide a Vendor with experienced biologists and appropriate state and federal permits to collect fish and bird egg samples and to conduct fish community/habitat surveys principally in the Newport Bay watershed (Watershed), County of Orange, California.

This scope of work is part of a watershed-wide environmental assessment for selenium and other bio accumulative contaminants, most notably organochlorine compounds.

3.2 BACKGROUND:

A. Watershed Information

A. The Watershed covers 152 square miles (97,280 acres) of a mostly urbanized area in central Orange County, California (see Table 1 and Figure 1). Newport Bay, located at the bottom of the watershed, is a valuable ecological and recreational resource. The lower portion of Newport Bay is one of the largest small watercraft harbors in California and the focus of an intensive recreational boating and fishing industry. Upper Newport Bay

(UNB) is a California State Ecological Reserve and serves as refuge, foraging area, and breeding ground for several threatened and endangered species.

B. Of the numerous creeks and channels that drain into Newport Bay, San Diego Creek is the largest of these contributing about 85% of freshwater. The largest tributary of San

Diego Creek is Peters Canyon Wash draining the northern portion of the Watershed. The balance of freshwater input into Newport Bay is primarily from Santa Ana-Delhi Channel and other smaller creeks and channels.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

C.

The Watershed has undergone profound changes in hydrology and land use during the past 150 years. Past agricultural pesticide uses, and industrial/commercial activities have left soils in parts of the Watershed with elevated levels of organochlorine compounds

(OCs) including dichlorodiphenyltrichloroethane and its analogs (collectively termed

DDTs), chlordane, toxaphene, and polychlorinated biphenyls (PCBs). Additionally, changes in hydrology and drainage patterns may be influencing shallow groundwater enriched in naturally occurring selenium. Elevated levels of selenium have been measured in water, sediment, and biota in the lower parts of the Watershed, especially near the historical Swamp of the Frogs area (see Table 1 and Figure 1). For detailed information about the Watershed, please refer to the documents listed in Section III

(documents available from water shred the County of Orange, or County hereinafter).

Table 1. Index of surface water channels in the Newport Bay Watershed (see Figure 1 for the

Newport Bay watershed map)

Figure 1. Map of the Newport Bay Watershed (see Table 1 for names of surface streams)

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Regulatory Background

On June 14, 2002, the United States Environmental Protection Agency (USEPA) established

Total Maximum Daily Loads (EPA TMDLs) for 14 toxic pollutants, including selenium and organochlorine compounds (OCs), for the San Diego Creek watershed and Newport Bay

(USEPA, 2002). The Santa Ana Regional Water Quality Control Board (Regional Board) has since been developing TMDLs and implementation plans for both pollutants based on new data

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE and latest science. Both plans call for regional monitoring programs. The monitoring tasks outlined in this Scope of Services are for both selenium and organochlorines because tissue monitoring is a featured component in both programs.

Need for Tissue Monitoring

A. Aquatic life and aquatic-dependent wildlife, as exemplified by fish and aquatic birds targeted in this scope of work, are often the most sensitive and/or exposed receptor of selenium and OCs. Because of their bioaccumulative nature, selenium and OCs tend to have higher concentrations near the top of the trophic pyramid, or fish and aquatic bird species. Therefore, the ecological impacts of these bioaccumulative compounds are often most pronounced in these trophic levels.

B. In 2017, the Regional Board adopted the Newport Bay Selenium TMDL establishing tissue-based numeric targets for the Santa Ana-Delhi Channel, San Diego Creek, and Big

Canyon Wash subwatersheds. To support TMDL compliance, monitoring is designed to investigate the distribution, transport, and bioaccumulation of selenium in fish tissue and bird eggs of designated species across the watershed. For the OC TMDLs, the numeric targets are based primarily on sediments, but water column and fish tissue targets are also significant, especially in the context of an integrated, multimedia modeling approach.

C. The past monitoring data have suggested that some freshwater fish species (mostly bluegill) are most sensitive to selenium exposure and are the driving force for compliance with tissue-based water quality objectives. However, due to the drastically different flow regimes in dry and wet weather conditions, the fish habitats and community composition in the Watershed have significant spatial and temporal variations. The presence or absence of the most sensitive species in certain habitats could result in very different tissue-based site-specific objectives for these particular segments of the Watershed.

Therefore, watershed-wide surveys of fish habitat and community are necessary.

Questions to be Addressed by Tissue Monitoring

A. What are the selenium concentrations in fish tissue (whole body as well as egg/ovaries if feasible) and bird eggs in the Watershed and what are their spatial variations?

B. What are the OCs concentrations in fish tissue (whole body as well as fillet if feasible) in the Watershed, and what are their spatial variations?

C. What are the fish habitat quality, fish population compositions, and their spatial and temporal variations?

D. Are there apparent physiological impairments in the fish and bird eggs/fetuses (if feasible)?

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

E. Is there evidence that the selenium-sensitive fish species are reproducing at various habitats in the watershed?

Sampling Equipment and Permit Requirements

A. The equipment for fish tissue sampling includes, but is not limited to, chest waders, kick nets, hand nets, a beach seine net, and electrofishing gear (backpack-type). The equipment for bird egg collection includes, but is not limited to, small paddle boat/kayak, and proper containers to protect the eggs during transit. The selected Vendor is expected to possess all the necessary equipment for sampling. The Vendor also needs to have access to laboratory and equipment for sample preparation, dissecting, compositing, and subsampling.

B. Sampling of fish and bird egg tissue samples require separate permits from California

Department of Fish and Game (CDFG) and United States Fish and Wildlife Services

(USFWS). The training requirements for the permits need to be strictly followed. In addition, the selected Vendor shall demonstrate extensive experience in collecting appropriate samples, conforming to permit requirements and handling the sampling equipment and samples in a safe manner.

C. The Vendor is required to have sufficient knowledge on fish physiology so that fish dissection can be performed on gravid females to separate eggs/ovaries from the rest of the body for selenium analysis. The egg/ovary and the rest of the tissue may be analyzed separately as two samples. For OCs analysis, filleting of fish tissue is needed if possible.

A large fish sample may be dissected into two subsamples for separate OCs and selenium analyses.

Sampling Locations

A. Figure 2 below shows four critical areas for the proposed fish and bird egg sampling sites: lower Peters Canyon Wash (PCW), lower San Diego Creek and University of

California Irvine (UCI)/Irvine Ranch Water District (IRWD) wetlands at San Joaquin

Marsh (Lower SDC/Wetlands), Upper Newport Bay (UNB), and Big Canyon Wash

(BCW). The exact locations for the sampling cannot be pre-determined because sampling is largely opportunistic, and sampling sites vary from year to year. Sampling shall be carried out late spring/early summer from April through July. The exact timing shall be determined every year via reconnaissance trips to ensure that sampling takes place during the nesting season of the target bird species (spring, early summer) and reproduction period of fish (early spring). The actual species collected shall be based on the regulatory requirements in effect at the time of collection.

6.1. Lower Peters Canyon Wash Area

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

The lower Peters Canyon Wash area is a section characterized by high base flows. This section of the Peters Canyon Wash is in the Swamp of the Frogs, where seeping shallow groundwater contributes the majority of selenium loadings of the entire watershed.

Figure 2. Tissue monitoring areas in the Newport Bay watershed

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 3. Peters Canyon Wash at Barranca Parkway

6.2. Lower San Diego Creek and San Joaquin Marsh Area

Lower San Diego Creek is defined here as between the confluence of San Diego Creek-Peters

Canyon Wash and Upper Newport Bay (see Figure 1). The main stem of San Diego Creek, with slow-moving water in the in-channel sediment basins and abundant vegetation, provides high-quality habitat to a large number of bird and fish species. The San Joaquin Marsh, which includes both UCI Freshwater Marsh Reserve and IRWD Treatment Wetlands, provides premium habitat for a wide range of bird and fish species. Both are hydrologically connected to the lower San Diego Creek since IRWD diverts the dry weather surface flow for treatment in its wetlands before releasing it back to San Diego Creek. Some of the diverted water flows to other areas of the San Joaquin Marsh and UCI wetlands, where there is no outlet.

IRWD San Joaquin Marsh treatment wetlands (Figures 4 and 5) are a series of constructed treatment wetlands that treat diverted dry weather surface water from San Diego Creek and provide major nutrient removal (~60%) and other water quality improvements, including about

30% selenium removal.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 4. IRWD San Joaquin Marsh Treatment Wetlands

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 5. Aerial Photo of IRWD San Joaquin Marsh Treatment Wetlands

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 6. UCI Fresh Water Marsh Reserve.

Water in the UCI wetlands (Figures 6 and 7) has three potential sources: 1) surface water diverted from San Diego Creek; 2) stormwater overflow from IRWD wetlands; 3) treated water diverted from IRWD wetlands to the east (Figure 7; arrows indicate flow paths). A significant difference between these wetlands and IRWD wetlands is that there is no regular outlet for the water. Once entering the wetlands, the water remains there and dissipates via evapotranspiration and infiltration only. The wetland area (as delineated by dashed red lines in Figure 7) is the target sampling area for tissue and water quality monitoring.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 7. Aerial Photo of UCI Fresh Water Marsh Reserve (constructed wetlands are delineated by dashed red lines).

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

6.3. Upper Newport Bay (UNB)

Saltwater fish and bird eggs from UNB will be collected and subjected to selenium and OCs analysis. Only those species that are significant in sport fishing will be sampled (see Section I-7).

Figure 8. Upper Newport Bay

6.4. Big Canyon Wash Area

Big Canyon Wash (BCW) is a small watershed (2 square miles; Figures 9 and 10) draining directly to Upper Newport Bay. The majority of the watershed (approximately 96%) is highly urbanized. The downstream portion of the canyon is undeveloped and flows into the Upper

Newport Bay Ecological Reserve. The geohydrology and human activities within the watershed have resulted in elevated selenium levels in sediment, water, and biota, making it one of the focus areas for selenium assessment and mitigation. Fish and bird egg samples collected in Big

Canyonn Wash shall be analyzed for selenium and organochlorines.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 9. Big Canyon Wash in the Big Canyon Nature Park

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Figure 10. Delineation of Big Canyon Wash Watershed (shaded area) with sampling location in

Figure 9 marked in red.

G. Target Bird and Fish Species

A. For selenium-related tissue sampling, the fish and bird species selected include those that are likely to be either sensitive to selenium effects and/or the most exposed to selenium via their diet. Fish specimens shall also be selected based on their importance in the diet of the targeted bird species. As there are no native fish species in the freshwater areas of

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE the Watershed, introduced species of fish from the Centrarchidae (sunfish and bass) family are anticipated to be monitored to determine compliance with the proposed TMDL fish tissue target. Because of their widespread occurrence in the Watershed and the extensive body of selenium toxicity research, bluegills may be collected in preference to other sunfish species. If bluegills are not present, then other sunfish species or other species (including the most sensitive and most exposed species) may be targeted for collection. The following species have previously been identified in the watershed:

bluegill (Lepomis macrochirus), California killifish (Fundulus parvipinnis), Mississippi silverside (Menidia Audens), rainwater killifish (Lucania Parva), green sunfish (Lepomis cyanellus), largemouth bass (Micropterus salmoides), fathead minnow (Pimephales promelas), red shiner (Notropis lutrensis), mosquitofish (Gambusia affinis), threadfin shad (Dorosoma petenense), and common carp (Cyprinus carpio). Targeted species may change due to changes in regulatory requirements.

B. Bird species selected include those that can act as surrogates for threatened and endangered species (e.g., Forster’s tern as a surrogate for the endangered California least tern) and that are known to nest and feed in the Watershed. These include pied-billed grebe (Podilymbus podiceps), American coot (Fulica americana), black-necked stilt

(Himantopus mexicanus), American avocet (Recurvirostra americana), Forster’s tern

(Sterna forsteri), western grebe (Aechmophorus occidentalis), and black skimmer

(Rynchops niger).

C. For OCs-related fish tissue sampling, only those species that are common sport fishing species shall be targeted. They include catfish (Ictaluridae punctatus), topsmelt

(Atherinops affinis), common carp (Cyprinus carpio), largemouth bass (Micropterus salmoides) in freshwater environments, and California halibut (Paralichthys californicus), deepbody anchovy (Anchoa compressa), topsmelt (Atherinops affinis), staghorn sculpin

(Leptocottus armatus), and yellow fin croaker (Umbrina roncador), in the salt water estuarine environment at UNB.

3.3 SCOPE OF WORK:

Vendor shall perform the following tasks/services:

A. Work Plan and Quality Assurance Project Plan (QAPP)

Task Description: The Vendor shall prepare a work plan that includes a quality assurance project plan (QAPP) comparable to California’s Surface Water Ambient Monitoring Program (SWAMP) guidelines. The work plan shall be reviewed and approved by County staff prior to the start of the sampling activities. The subsequent sampling, analysis, and reporting activities shall follow the work plan and its QA/QC requirements. The work plan and associated QAPP shall be updated as necessary to reflect any changes in monitoring requirements or regulatory directives.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

Deliverable of Task 1: Final written work plan and QAPP approved by County.

B. Tissue Sampling and Fish Habitat/Community Survey

A.

B.

1. Coordinating with County for water and sediment sampling

a. County staff will conduct water, sediment, and other water quality monitoring concurrent with tissue monitoring. Therefore, prior to and during the tissue monitoring, the Vendor will coordinate with County staff to arrange the logistics.

County-contracted analytical laboratories will be used for all chemical analyses unless other ELAP-certified laboratories provided by Vendor are explicitly approved by the County.

b. Prior to sampling, the Vendor shall contact CDFG, CDFW, Big Canyon Country

Club, UCI, and IRWD to notify them of the sampling schedule and obtain their approval. Notification must be provided in writing at least one week prior to the planned sampling date. CDFW and IRWD require access permits, which must be kept current for entry onto their respective properties. County staff shall not be responsible for obtaining access permits for entry in areas not controlled by

County. If requested, a safety plan shall be prepared and submitted to the permitting agency to satisfy their requirements.

2. Fish collection, dissection, and compositing

a. At the time of fish collection, the following information shall be recorded on a field sheet: time, GPS reading, and site conditions. Water quality parameters, including temperature, pH, dissolved oxygen, and electrical conductivity shall be recorded. Photos of the upstream, downstream, and sampling sites shall be taken.

Observations of species distribution and abundance for fish and birds shall be recorded.

b. After fish samples are collected, the species, life stages, numbers of each species shall be recorded for each site. Up to three fish tissue samples shall be collected for selenium analysis for each targeted species at each site. If a single fish is not of sufficient size to constitute a full sample, up to five similar-sized fish of the same species may be composited to form one sample. If available, fish eggs and ovaries from gravid females may be removed for selenium analysis. In such cases, selenium analyses shall also be conducted for the remaining whole-body tissue for mass balance calculations.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

c. For OCs analysis, composite samples may be prepared in a manner similar to that described above. For large individuals amenable to sport fishing, the fillet and the remaining body shall be composited and analyzed separately. The moisture content and lipid content of the fillet subsample shall be quantified separately from the portion used for OCs analysis.

d. If the mass of a composite sample is sufficient, it may be divided into two split samples and analyzed for selenium and OCs separately.

e. To ensure that the data are statistically robust, a minimum of 30 fish tissue samples is anticipated to be collected. This number does not include fish egg/ovary samples or fillet subsamples.

3. Fish habitat and community survey

The Vendor shall conduct a preliminary reconnaissance of existing and potential fish habitats throughout the Watershed and select sites for regular surveys. These surveys may be conducted in conjunction with the tasks outlined in Section 2.2 during fish sample collection. Monitoring locations in the lower part of the Watershed, as described in Section I.6, should be included by default in the survey. The surveys shall include description of physical habitats and age and species composition of fish communities under varying flow regimes. Special attention should be given to fish species most sensitive to selenium, especially with respect to evidence of reproductive success or failure.

1. Bird egg collection, visual observation, and compositing

a. For bird eggs, up to eight bird eggs per site from a maximum of three species shall be targeted for collection. Only one egg may be taken from each nest. In the case where only one egg is in the nest, no sample shall be taken.

b. If the bird fetus is mature enough upon opening the egg, visual observation should be made to confirm the presence of physiological anomalies/defects, if any, before the egg content is homogenized for chemical analysis.

c. Deliverables for Task 2:

A. Applicable numbers of fish tissue and bird eggs;

B. In-situ water quality data (pH, temperature, turbidity, conductivity) collected concurrently and co-located with tissue samples;

C. Fish habitat and community survey plan, based on the preliminary survey, approved by the County;

D. Fish habitat and community survey report consistent with the plan;

E. Field notes and sample preparation notes.

OC Public Works - Environmental Monitoring and Biological Sampling Services for the Newport Bay Watershed, 080-2997708-RE

C. Chemical Analysis of Tissue Samples

C.

1. Task Description

a. Analytical parameters for bird egg samples shall include percent solids and the trace metal suite, including selenium. For fish tissue samples, split samples shall be used when sufficient sample mass is available. One split sample shall be analyzed for OCs analysis and for selenium. Vendor shall use a County-designated analytical laboratory or one provided by the Vendor, as directed by the

County. In either case, the Vendor shall specify sample preservation methods, holding times, sampling date and time, and any other pertinent information at the time of sample delivery, as part of the QA/QC process. The Vendor shall include the costs for required analyses as part of the scope of work.

b. The Vendor shall be responsible for following all QA/QC procedures for…