HomeMy WebLinkAboutC-3689 - PSA for On-Call Environmental Consulting Services; to provide biological consulting services associated with the Local Coastal Program (LCP) certification processPROFESSIONAL SERVICES AGREEMENT WITH
MERKEL & ASSOCIATES, INC. FOR
ON -CALL ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into as of this 10th day of February
2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City "), and MERKEL & ASSOCIATES, INC., a California corporation whose address
is 5434 Ruffin Road, San Diego, California, 92123 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is currently updating its Local Coastal Program (LCP) for submission to
the California Coastal Commission.
C. City desires to engage Consultant to provide advice on issues relating to the
LCP certification process, which is expected to take up to two years, as well
as .other advice that may be needed from time to time on matters relating to
biological resource protection (the "Project ").
D. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Keith W.
Merkel.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the 10th day of February, 2004,
and shall terminate on the 15th day of February, 2006, unless terminated earlier as
set forth herein.
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2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" Environmental Consulting Services as
described in the Statement of Qualifications dated November 15, 2003 attached
as Exhibit "A ". Upon verbal request from the Project Administrator, Consultant
shall provide the services requested by the City at the hourly rates listed in
Exhibit A.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the hourly billing rates set forth in Exhibit "A" attached hereto
and incorporated herein by reference. Consultant agrees to bill all time in
increments of one - quarter of an hour. No rate changes shall be made during the
term of this Agreement without the prior written approval of the City.
Consultant's compensation for services performed in connection with this
Agreement shall not exceed $30,000 without City Council approval.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant's
invoice(s) within thirty (30) days of receipt, subject to the right to withhold
payment for disputed sums as provided under Paragraph 22.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior authorization of the City. As used herein, "Extra Work" means any
work that is determined by City to be necessary for the proper completion
of the Project, but which the parties did not reasonably anticipate would
be necessary. Compensation for any authorized Extra Work shall be paid
in accordance with the Schedule of Billing Rates set forth in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Keith W. Merkel
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Upon written request of City, Consultant shall remove from the Project any of its
personnel assigned to the performance of services upon reasonable grounds
provided by City to Consultant. Consultant warrants that it will continuously
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furnish the necessary personnel to complete the Project on a timely basis as
contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patrick J.
Alford, Senior Planner, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
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approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
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Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit
for each occurrence.
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4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
B. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
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judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing or
graphic produced (hereinafter "Documents "), prepared or caused to be prepared
by Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Access, or and /or Excel. All digital maps shall be provided in the
State Plane Coordinate System NAD83 Feet Zone VI (1991.35 Epoch OCS GPS
Adjustment) and in a compatible format (e.g., .SHP, .DWG, .DXF). All documents and
data must be formatted for the City's computer hardware and software and delivered to
the City on CD -ROM.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
However, Merkel & Associates, Inc. reserves the right to utilize generic biological
information collected during the course of the work to prepare scientific papers,
talks /seminars, or marketing materials for public dissemination.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Consultant's deliverables provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
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hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional expense shall be borne by
Consultant. Nothing in this paragraph is intended to limit City's rights under any
other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees 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 foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
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27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Patrick J. Alford
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3235
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Keith W. Merkel
Chief Ecologist
Merkel & Associates, Inc.
5434 Ruffin Road
San Diego, CA 92123
Phone: 858 - 560 -5465
Fax: 858 - 560 -7779
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
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developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
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36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
Tod W. Ridgeway
Mayor
for the City of Newport Beach
lerkel & Associates, Inc.
B - By (an.(,c�.4tG4�
La onne Harkless Barbara — L Merkel
City Clerk President
Attachments: Exhibit A - Statement of Qualifications
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0 al TABLE OF CONTENTS
TABLE OF CONTENTS
- -- -- ............................................................. . ................................................................ -
FIELDINVESTIGATIONS ....................................................................................................................... ............................... 2 -2
RELEVANTPROJECT EXAMPLES .......................................................................................................... ............................... 2 -3
San Diego River Natural Resource Management Plan ..................................................................... .............................24
San Mateo Bridge Emergency Repairs and Tidewater Goby Reintroduction ............:...................... ...........................12 -5
Batiquitos Lagoon Enhancement Project Long -term Biological Monitoring and Pilot Vegetation Program ................2 -6
Coastal Surveillance Program for the Invasive Green Algae, Caulerpa taxifolia, in High Risk Waters of Southern
Uanrorma............................................ ....................................................... .....................................
............................... 2 -7
Mission Bay Shoreline Protection Project and Marine Resource Inventories ...................................
............................2 -8
Famosa Slough Enhancement Plan Wetland Treatment Marsh Basins....... ... ..........................................
2-9
3.0 LOCAL EXPERIENCE ............................................................... .... ............. .... .... ............... ....... ..................................
3 -1
NEWPORTBAY ....................................................................................................................................
............................... 3 -1
REGIONALCOASTAL PROJECTS ...........................................................................................................
............................... 3 -1
4.0 KEY PERSONNEL ........................................................................................................................
............................4 -1
5.0 COMPENSATION ...........................................................................................................................
............................5 -1
6.0 REFERENCES .................................................................................................................. ...............................
.........6 -1
November 15, 2003 u
�V
SECTION 1.0 INTRODUCTION
1.0 INTRODUCTION
DOCUMENT OVERVIEW
Merkel & Associates (M &A) appreciates the
opportunity to respond to the request for
qualifications to provide biological consulting
services to the City of Newport Beach. In the
material that follows we have introduced M &A and
highlighted our strengths to perform the work
requested (Section 1) and have focused on M&A's
relevant qualifications to conduct the required work
(Section 2). We have provided additional
information on projects we have completed in the
City of Newport Beach and nearby coastal cities
(Section 3). We have presented our team
organization and summarized the qualifications of
key staff (Section 4). A summary of our billing rates
and expense schedule has been provided (Section 5).
Finally, we have listed additional reference contacts
that we encourage you to contact regarding our
capabilities and performance record (Section 6).
MERKEL & ASSOCIATES, INC.
Merkel & Associates, Inc. (M &A) is a San Diego -
based environmental consulting firm specializing in
biological resource and regulatory issues. M&A
provides its clients with a full range of ecological
services in terrestrial, freshwater aquatic and marine
environments. The stated mission of M &A is to offer
technical information and insightful solutions to
difficult and complex biological and regulatory
issues.
Merkel & Associates is a firm strongly based on the
reputation of its principals and senior biologists for
technical expertise and client service. The staff of
M &A has extensive experience in the biological
consulting field, offering specialized expertise in
botany, zoology, wetland issues, natural resource -
based legislation, resource and regulatory agency
interface and permitting. M &A has completed over
2,800 projects in southern and central California,
along with additional work conducted in Oregon,
Washington, and Alaska. The company has served
federal agencies, municipalities, special districts, and
utilities through over a dozen as- needed services
contracts. The firm frequently serves as a member of
multi- disciplinary technical teams to address the
needs of complex projects and to provide technical
strengths to general environmental and engineering
firms. M &A's biologists are noted for their
experience in coastal biological resource assessment,
environmental planning, regulatory permitting, and
shallow marine habitat management and restoration
proj ects.
Since its inception, M&A has been heavily involved
in marine and freshwater aquatic resource
investigations for the purposes of impact assessment,
habitat valuation and mitigation exchanges, as well as
habitat restoration planning. M&A is nationally
recognized for its work in eelgrass restoration.
Further, the firm has conducted considerable
environmental monitoring work for marine dredging
and construction, aquatic discharges, as well as for
habitat restoration programs. Through management
of a number of high profile coastal resource projects,
M &A has gained valuable experience working with
federal, state and local agencies and governments,
and private enterprise and has provided considerable
insight to the field of ecological resource
management in coastal environments.
The M&A terrestrial division specializes in
conducting biological inventories, sensitive resource
studies, and GIS -based assessments to support
technical documents in accordance with California
Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA). M &A has
prepared Habitat Conservation Plans and Natural
Community Conservation Program Subarea Plans for
special districts and public agencies. M &A has
worked extensively on assessing the potential
impacts of land use changes from proposed General
Plan Amendments and/or policy changes for cities
throughout southern California (e.g., Temecula,
Moreno Valley, Escondido, Valley Center, San Juan
Capistrano, etc.). The M&A terrestrial division also
specializes in the preparation of natural resource
monitoring and management plans and watershed
management plans for both public and private entities
(e.g., City of San Diego, City of Escondido, County
of San Diego, San Diego County Water Authority,
California Department of Fish and Game). The
majority of the natural resource management plans
produced by M&A were designed to meet the
requirements of a Habitat Conservation Plan/Natural
Communities Conservation Program Plan. M&A is
also known for following projects through the entire
approval process including attending or leading
public meetings; responding to comments from the
public, resource agencies, and municipalities; and
acquiring permits.
November 15, 2003
is
SECTION 2.0 QUALIFICATIONS AND EXPERIENCE
2.0 QUALIFICATIONS AND
EXPERIENCE
Merkel & Associates has considerable experience
providing services similar to the terrestrial and
marine environmental consulting support sought by
the City of Newport Beach (City). This section
addresses our ability to provide the particular
services requested in the Request for Qualifications.
Following are summaries of past project experience
and record of performance, providing numerous,
client and agency contacts for the work performed.
We strongly urge the selection committee to contact
client and agency references provided in order to
verify past performance records and client
satisfaction.
BIOLOGICAL ADVISORY SUPPORT
In support of the Local Coastal Program
certification process, the City is seeking advisory
assistance for elected and appointed officials on
biological issues, working particularly with the
California Coastal Commission (CCC) and the
Coastal Act. M &A has extensive experience
pro,%gdmg permitting support for coastal projects,
frequently guiding clients through the permitting
requirements of the CCC. Support typically
includes assessment and collection of biological
data in the context of CCC requirements,
preparation of permit documents, and preparation
and graphical support, attendance, and participation
in meetings and CCC hearings.
M &A has worked regularly with federal and state
resource agencies, and non- governmental
organizations on project permitting, habitat
analyses, impact investigations, and restoration
projects. M&A has considerable expertise with
environmental regulations as they apply to
numerous programs and jurisdictions. The firm is
very strong relative to its expertise with the Coastal
Act, Clean Water Act, Federal Endangered Species
Act, Magnuson- Stevens Fishery Management and'
Conservation Act, including the 1996 amendments
addressing Essential Fish Habitat.
A notable M &A accomplishment was the
successful CCC permitting of Caulerpa taxifolia
eradication efforts at all current and future affected
sites in Southern California. M&A was involved in
all aspects of the permitting process, from
preparation of application documents, to
interagency coordination, to attendance at CCC
hearings.
M&A staff played the lead role in guiding the San
Mateo Bridge Emergency Repair Project through
the CCC permit process. This accomplishment is
notable due to the highly controversial nature of the
project, requiring the need to obtain an after -the-
fact permit following emergency bridge repair work
in San Mateo Creek, one of the few locations where
the federally Endangered tidewater goby occurs:
Additional projects where M &A has been
contracted to conduct all steps of the CCC Coastal
Permit process include: Buena Vista Lagoon Weir
Replacement Project (Oceanside), Islandia Marina
in Mission Bay, Fiesta Island Youth Camp in
Mission Bay, Evans Point Riparian Revegetation
Project in Carlsbad, and San Diego Princess Resort
Marina. For each of these projects M &A was also
contracted to prepare all other biological permits
required by the proposed project, typically
including applications to the RWQCB, CDFG,
USFWS, ACOE, and local governments.
M &A has provided biological support to ports in
the preparation or amendment of their Port Master
Plans. The certification process for these plans is
parallel to that of LCP certification, which must
comply with coastal zone management guidelines
and is subject to review by the CCC. In addition to
document preparation, advisory support, and data
collection, M &A's role in these processes often
includes facilitation and coordination with the CCC
and other involved agencies. M &A staff are well
known and respected by clients and agencies for
their skill at moderating constructive discussion and
negotiating technically and biologically sound
solutions to coastal management issues.
M &A also provided biological support and water
quality issues for the North Bay Revitalization and
Redevelopment Project EIR. Through this effort,
M &A presented technical data and facilitated
discussions between City, resource and regulatory
agencies, as well as environmental group
representatives. The focus of the discussions aimed
at developing water . quality management
approaches to be incorporated into urban
revitalization planning. M &A worked with other
consultants and the City to prepare environmental
documentation that adequately characterized and
November 15, 2003 2 -1
.P
SECTION 2.0 QUALIFICATIONS AND EXPERIENCE
conditioned plan approvals so that a framework for
compliance was clearly developed.
Work on the North Embarcadero Port Master Plan
Amendment and the homeporting of the U.S.S.
Midway as a floating museum provides a very
recent example of Merkel & Associates
coordination and facilitation role on coastal issues.
For this work, M&A was instrumental in assisting
the Port of San Diego and the San Diego Aircraft
Carrier Museum ( SDACM) in securing early
concurrence on environmental mitigation from the
CCC, NMFS, USFWS, CDFG, Port of San Diego,
Audubon Society, as well as others. M&A
conducted informal Endangered Species Act
consultation, Essential Fish Habitat coordination,
and Clean Water Act permitting. Upon completion
of the Coastal Commission certification of the Port
Master Plan amendment, M &A processed a Coastal
Development Permit for the U.S.S. Midway under
this amended Plan. Presently, M &A is working
with the SDACM to implement mitigation for the
project.
M&A staff provided technical advice and support to
the City of Chula Vista for their LCP Resubmittal
EIR. Substantial changes to proposed land uses
within the mid - bayfront had prompted the
requirement for new environmental of the LCP
covering the region. M&A staff conducted
biological analyses for this highly- publicized,
political project pursuant to. CEQA requirements.
M &A staff directed marine resource and avian
studies on the Chula Vista Bayfront, providing a
technical report for inclusion in the Draft EIR.
BIOLOGICAL DOCUMENT REVIEW AND
PREPARATION
The firm's biologists have prepared numerous
complex biological studies and assessments, as well
as resource management plans and conservation
plans. M &A regularly reviews environmental
documents and provides insightful responses to
comments and issues raised. Examples of larger
projects demonstrating our extensive experience
providing support in preparing environmental
documents include: City of Vista Subarea Plan,
San Diego County Water Authority ( SDCWA)
NCCP/HCP, SDCWA Emergency Storage
Program; SDCWA Capital Improvement Program
and Endangered Species Act Coordination; Otay
November 15, 2003
Water District's (OWD) Habitat Conservation Plan;
OWD's Five -Year Capital Improvement Program
Biological Assessment and Mitigation Program for
the California Gnatcatcher; OWD's Biological
Regulatory Programs and Permitting Manual;
Sweetwater Reservoir Urban Runoff Diversion
System; Mission Bay Shoreline Protection Project;
and the Western Riverside County Multiple Species
Habitat Conservation Plan.
MEETING AND HEARING ATTENDANCE
The City is seeking consultant participation in
meetings with City staff as well as attendance at
CCC hearings, as needed. M &A staff are fully
available to attend all meetings as .requested,
regardless of meeting site. On behalf of other
clients we have attended and participated in CCC
hearings in San Diego, Los Angeles, Santa Barbara,
Carmel, San Francisco, and Eureka.
As requested, M &A would be available to
participate in board, commission and committee
meetings. The firm frequently attends such
meetings, both during and after business hours, in
order to provide technical support on biological
issues. M &A staff specialize in providing clear,
understandable explanations to complex, multi-
disciplinary issues and facilitating discussion to
arrive at solutions acceptable to all parties.
FIELD INVESTIGATIONS
M &A is also fully prepared and equipped to
conduct any necessary field investigations if
needed. We have extensive experience conducting
surveys for all aspects of biological resource
assessment including habitat mapping, rare plant
surveys, sensitive fauna surveys, avian surveys,
wetland delineations, and eelgrass mapping. M &A
staff includes 10 individuals permitted to
independently survey for coastal California
gnatcatchers, two individuals permitted to
independently survey for southwestern willow
flycatcher, four individuals permitted to
independently survey for vernal pool branchiopods,
seven individuals permitted to independently survey
for quino checkerspot butterfly, and additional staff
permitted to assist with each of these surveys. Staff
also includes six certified wetland delineators.
2 -2
M
SECTION 2.0 QUALIFICATIONS AND EXPERIENCE
We have a wide array of field sampling and
laboratory analysis equipment. A considerable
amount of the marine, estuarine and aquatic work
performed by the firm involves diving or vessel -
assisted sampling efforts. M &A operates 8 vessels,
including four small crafts suited to operating in
shallow bay environments. The firm owns .
considerable field sampling gear including
topographic survey equipment, 4 differential Global
Positioning System units, 20 water quality
monitoring units, 3 grab - samplers, sidescan sonar,
fish sampling nets, and other sampling gear.
M &A has an unparalleled degree of experience
providing services for eelgrass surveys, restoration
and monitoring. M &A specializes in assessing
eelgrass resources, assisting in project design to
minimize impacts to eelgrass, and preparing and
implementing mitigation plans for unavoidable
impacts to eelgrass. M&A staff have conducted 38
eelgrass transplants over the past 18 years.
Included among these projects are the largest
transplants completed on the U.S. Pacific Coast.
M&A has conducted approximately 400 eelgrass
surveys covering over 22,000 acres and has
similarly conducted approximately 250 eelgrass
restoration project monitoring reports.
RELEVANT PROJECT EXAMPLES
Of the many projects completed by M &A, six have
been summarized on the following pages. They are
intended to highlight:
• Our comprehensive experience and expertise in
biological sampling in marine, aquatic, riparian,
and terrestrial environments;
• Our extensive experience with resource
analyses including work in avian, benthic,
fisheries, water quality, vegetation, and eelgrass
assessments;
• Our participation in, and understanding of,
regional planning efforts; and,
• Our well- developed relationships with state,
federal, and local resource and regulatory
agencies.
In the Section 3, additional studies that have been
conducted in Newport Beach and surrounding
coastal area are described briefly.
November 15, 2003 2 -3
Baseline data
collection at the
Northern Wildlife
Reserve for use in
Crown Point
Shores cordgrass
marsh restoration
Field
coordination with
contractors on
marsh plain
grading and
acceptable
Biologists conduct water
quality sampling in a
coastal lagoon in San
Diego County
M&tl stafffacilitate
agency input at afield
workshop addressing
project goals and
conceptual
restoration design
ja
a
SECTION 2.0 QUALIFICATIONS AND EXPERIENCE
San Diego River Natural Resource
Management Plan
Client:
City of San Diego
Client Contact:
Ms. Robin Stribley
Client Phone:
(619) 525 -8230
Work Period:
2002 -2004
The San Diego River Natural Resource
Management Plan (NRMP) project area includes
the native and semi- native habitats associated with
the San Diego River from Interstate 5 to Mission
Trails Regional Park, excluding the area from State
Route 163 to Qualcomm Way. M &A leads the
NRMP project team has overseen the compilation
of a biological inventory of the project area, made
determinations regarding existing and proposed
land uses and property ownership, identified
archaeological resources and sewer outfalls and
integrated the existing information into a
Geographic Information System (GIS) database.
A broad view of the NRAffl project area within the
greater urbanized context.
M&A is working on the land use and easement
aspects of the plan as well. This includes
researching and locating storm drain facilities in the
project area and coordinating the biological and
land use components of data collection and reviews
and edits the existing and planned land use sections
of the NRMP.
November 15, 2003
2-4
M&A biologists conduct surveys within riparian habitat.
The NRMP will identify proposed management
actions and recommendations based on existing
biological, cultural, geological, and hydrological
conditions, current and planned land uses, and
recreational uses within the project area. The
existing conditions outlined above have been
identified and development of management
recommendations is underway. The NRMP
management recommendations will take into
account the public and private ownerships involved
and assign the proposed implementation actions for
MSCP target species and guidelines to the
appropriate management entities. Area specific
management directives will be provided to restore
native habitat and reduce impacts from public use
and adjacency issues. The NRMP addresses agency
jurisdiction and applicable plans; existing physical
conditions; management issues/challenges;
constraints and opportunities; land use proposals;
maintenance, usage,. and development guidelines;
mitigation options and guidelines; enhancement and
restoration guidelines; interpretive and research
guidelines; and implementation.
a3
SECTION 2.0 M' QUALIFICAMONS AND EXPERIENCE
San Mateo Bridge Emergency Repairs and
Tidewater Goby Reintroduction
Client: North County Transit District
Client Contact: Mr. Tom Lichterman
Client Phone: (760) 967 -2855
Work Period: 1999 -2004
San Mateo Lagoon, located in northern San Diego
County, is fed by San Mateo Creek and is an
intermittently breached coastal lagoon, similar to
the Santa Clara River Estuary. San Mateo lagoon
has intermittently supported a population of
federally endangered tidewater gobies
(Eucyclogobius newberryi) that have apparently
been extirpated at various times in the past two
decades. Merkel & Associates (M &A) has worked
on evaluating habitat suitability of the Lagoon for
reintroduction of the tidewater goby into San Mateo
Lagoon. In addition, M &A successfully
reintroduced tidewater gobies to the Lagoon in
2000.
During the winter of 1997 /1998, the prevailing El
Nino conditions rendered rainfall events both more
numerous and more severe than normal, creating
conditions of flooding throughout San Diego
county. During this flood period, the San Mateo
Lagoon was nearly tripled in size due to storm delta
outflows and the trestle crossing the lagoon was
severely damaged. The flooding event and
subsequent habitat changes observed at San Mateo
Lagoon in 1997/1998, along with emergency
repairs to the trestle, may have flushed gobies out of
the Lagoon.
M &A was retained to complete continuous
monitoring of emergency trestle repairs, and to
address impacts to the tidewater goby, arroyo toad,
California brown pelican California least tern,
western snowy plover, least Bell's vireo, California
gnatcatcher, and southwestern willow flycatcher
and spearhead efforts for the restoration of the
tidewater goby. Of the species considered, only the
tidewater goby is believed to have been potentially
present within the affected region during the time of
the emergency actions. The loss of fi-inging marsh
and protected environments for the goby are
considered to be the most critical habitat impacts
which occurred with the storm and trestle repair
work. M &A developed a restoration plan to
mitigate adverse impacts. Following the habitat
November 15, 2003 2 -5
Biologists prepare to reintroduce tidewater goby at San
Mateo Lagoon
restoration M &A conducted vegetation mapping,
water quality testing and hydrological analysis prior
to reintroduction of the tidewater goby. Faunal
sampling was conducted using small beach seines
dragged through the flood plain and along the shore
of the creek, and non -native predators were
removed from the lagoon.
In January 2000 approximately five hundred to one
thousand tidewater gobies were transferred from
nearby San Onofre Lagoon to San Mateo Lagoon.
Gobies were collected with small seines at San
Onofre Lagoon and immediately transported to San
Mateo Lagoon for release. The reintroduction has
been successful, effectively reestablishing this
endangered fish to the Lagoon. On -going
population monitoring continues.
Key project elements have included:
• Development of reintroduction plan for
federally endangered species;
• Composition of Biological Assessment;
• California Coastal Commission permit
preparation and processing;
• Management of long -term monitoring.
Including: vegetation mapping, lagoon
profiling, water quality testing, goby surveys,
and exotic species removal;
• Development and oversight of a specific
restoration plan for San Mateo Lagoon;
• Rapid response to an emergency situation; and,
• Coordination with North County Transit
District, U.S. Coast Guard, U.S. Army Corps of
Engineers, Federal Railroad Agency, U.S Fish
and Wildlife Service, U.S. Marine Corps —
Camp Pendleton, Environmental Protection
Agency, Cal State Parks Department.
AA
SECTION 2.0 M' QUALIFICATIONS AND EXPERIENCE
Batiquitos Lagoon Enhancement Project
Long -term Biological Monitoring and Pilot
Vegetation Program
Client:
Port of Los Angeles
City of Carlsbad
Client Contact:
Dr. Ralph Appy
Client Phone:
(310) 732 -3497.
Work Period:
1997 -2007
Batiquitos Lagoon is a coastal wetland in Carlsbad,
California that was restored to a tidal system in
December 1996 after 90 years of being largely non-
tidal. Merkel & Associates (M &A) was retained to
perform the long -term biological monitoring
program for the lagoon. M &A has been monitoring
the development of estuarine communities since the
restoration of tidal influence and has completed the
fifth year of monitoring for the 10 year long project.
Batiquitos Lagoon offers a unique opportunity to
explore the roles of environmental influences on the
development of natural communities and the
dynamics of shallow marine and adjacent coastal
upland habitats. Monitoring elements include:
annual vegetation mapping and coastal salt marsh
recovery monitoring, quarterly avian monitoring,
quarterly fish community sampling, biannual
benthic and epibenthic surveys including grain size
sediment analyses, and water quality sampling,
along with bathymetric mapping. In addition,
M&A has implemented a pilot vegetation program
for eelgrass and cordgrass communities within the
lagoon.
Work involves the preparation of quarterly and
annual reports and presentation of data to resource
and regulatory agencies and the public. Findings
from the project are presented during annual
interagency meetings, and at regional scientific
meetings. Staff have led field workshops with
environmental and community groups, and schools
to discuss the restoration, biology, and future of the
lagoon.
Subsequent to the restoration of tidal flow in
Batiquitos Lagoon, M &A implemented pilot
restoration programs for eelgrass and cordgrass
communities. In 1997, suitable habitat for
restoration was identified, and experimental plots of
vegetation were transplanted. These experimental
plots were monitored in order to gain information
November IS, 2003 2 -6
Biologists prepare to measure a California
needlefish (Strongylura exilic) captured with the
purse seine.
that would improve success in future restoration
efforts both within Batiquitos and in other similar
systems. Vegetative restoration in the lagoon has
had substantial success; eelgrass now covers much
of the suitable habitat within the lagoon and the
cordgrass communities are known to support light -
footed clapper rail (Rallus longirostris levipes), a
federally endangered species.
A final element of the project has included creation
of an integrated spatial and relational database for
management and analysis of all Batiquitos data.
The project team has worked to incorporate
millions of bits of field data into this database for
ecological information management and analysis.
Data can be summarized and linked to spatial
information (such as aerial photographs) to display
species distributions or density across study
regions.
Benthic sampling in restored eelgrass beds at
Batiquitos Lagoon allows M&A biologists to
monitor the success of Lagoon restoration.
�5
SECTION 2.0 1W OUALIFICA71ONS AND EXPERIENCE
Coastal Surveillance Program for the
Invasive Green Algae, Caulerpa taxifolia, in
High Risk Waters of Southern California
Client: California Department of Fish
and Game
Client Contact: Mr. Bill Paznokas
Client Phone: (858) 467 -4218
Work Period: 2000 -2005
Caulerpa taxifolia is an extremely invasive green
alga that has devastated ecosystems of the northern
Mediterranean Sea. Caulerpa has been banned
from importation into the U.S., but is still widely
available in the aquarium trade. However, the
species was not identified in Western Hemisphere
waters until infestations were discovered in Agua
Hedionda Lagoon and Huntington Harbor (S.D. and
Orange Counties).
Caulerpa taxifolia displacing eelgrass at Agua
Hedionda Lagoon, Carlsbad, CA.
M &A is an integral part of the Southern California
Caulerpa Action Team (SCCAT), a group
assembled as a public /private partnership with the
goal of combating the introduction and spread of
Caulerpa. The SCCAT includes representatives of
numerous public and resource agencies, scientific
researchers, and private interests including
SWRCB, USFWS, Cabrillo Power I, LLC,
NOAA/NMFS, CDFG, USDA, CDFA, and the U.S.
EPA.
Under the guidance of SCCAT, M&A developed a
Rapid Response Eradication Program for known
infestations and a Surveillance Program for high
risk waters. Other work completed by the SCCAT
and M&A includes media relations and a large -
scale public education and outreach program. M &A
has also implemented the first phases of eradication
at Agua Hedionda Lagoon and Huntington Harbor
including field surveys, isolation and containment
of Caulerpa, and controlled herbicide application.
In order to best allocate limited fiscal resources,
M&A and SCCAT evaluated areas along the coast
for risk of infestation, using information collected
from known infestations and the Mediterranean
experience as a guide. A total of 75 sites high risk
sites (including coastal wetlands, harbors, outfalls,
offshore reefs and kelp beds) were then prioritized
based on predicted level of risk of infestation and
spread. Field marine teams equipped with dGPS,
sidescan sonar, towed camera arrays, aerial surveys,
and SCUBA divers have been dispatched to survey
the highest risk sites. All major water bodies in
Orange County have. been surveyed, including
Newport Bay.
All data collected (side scan images, video tapes,
diver notes) will be incorporated into a Microsoft
Access and ESRI ArcView structured relational and
spatial database. The database will allow for
ongoing future management updates by recourse
agencies. A web -based public interface is being
developed which will provide updated database
information using ARC/lMS to serve spatial data.
The web page is also an element of the SCCAT
public outreach program and will allow recreational
and research SCUBA divers enter data regarding
recent dives. A habitat classification system is being
developed to assist divers with identification of
common habitat types of southern California and
associated species to refine data analysis. Data are
being incorporated into the project database for
future resource management users.
Southern California sites surveyed by Merkel &
Associates_for Caulerpa taxifolia.
November 15, 2003 2 -7
SECTION 2.0 QUALIFICAWONS AND EXPERIENCE
Mission Bay Shoreline Protection Project
and Marine Resource Inventories
Client:
City of San Diego, Dept. of Parks
and Recreation
Client Contact:
Ms. Robin Stribley
Client Phone:
(619) 525 -8230
Work Period:
1988 -2001
As part of overall efforts to stabilize erosion within
Mission Bay, M&A staff provided biological
consulting services to the City and its consultants
from project inception through construction phases.
The work involved numerous project and mitigation
areas, impact assessment and endangered species
coordination needs, mitigation planning, and
multiple agency involvements as well as inter-
departmental coordination requirements. As a
result, this project indicates the wide range of
services and capabilities of the M &A.
M&A staff has managed several concurrent
activities with two different project managers at the
City and has successfully completed habitat
mapping using sonagraphic, digital imaging, and
computer mapping. Further efforts have included
both environmental document preparation and long-
term quantitative biological studies on a pilot beach
replenishment project, involving quarterly fish and
benthic sampling, eelgrass monitoring, and
sediment grain size analyses, as well as numerous
public hearings and workshops on this high profile
and often controversial project.
Due to timing constraints and staff shortages at the
Corps, M&A prepared all permitting documents
including the required environmental assessment
for completion of the section 404/10 permits for the
pilot study and Phase II work. Additional work
included City staff support for processing City
Planning Department approvals and required
Coastal Commission permits. M &A is providing
on -going biological monitoring of the construction
and is conducting work under a contingency budget
to provide on -call services for permit modifications
and agency coordination, additional testing
requirements, and other as- needed services which
may arise during construction. This on -call
availability has been extremely valuable in
maintaining construction schedules and ensuring
conformance with permits.
November 15, 2003 2 -8
M &A has prepared numerous mitigation and
restoration plans for the project including eelgrass,
coastal salt marsh, and upland habitats. Work has
included concept restoration designs, agency and
task force coordination, and final design
preparation. M &A oversaw the construction and
planting effort for the development of an
approximately 7 acre coastal salt marsh. M&A will
also provide monitoring and maintenance for the
restoration effort.
W_
-, r_� �
Image of Mission Bay showing results of 1997
side scan eelgrass survey. Darkgreen polygons
represent 76 %-100% areal coverage of eelgrass.
Mid -green and light green polygons represent
26 % -75% and <25% areal coverage,
resepectively.
Al
SECTION 2.0
Famosa Slough Enhancement Plan Wetland
Treatment Marsh Basins
Client:
Client Contact:
Client Phone:
Date Awarded:
Work Period:
City of San Diego and
Friends of Famosa Slough
Jim Peugh
(619) 224 -4591
1998
1999 -2001
The Famosa Slough is an urban, coastal wetland
near the central portion of San Diego, surrounded
by residential and commercial uses. Because of its
unusual setting, the Slough has withstood many
abuses. Yet it is this uniquely visible setting that
has also brought the plight of the Slough to the
attention of citizens groups, the Coastal
Conservancy, and the City of San Diego. M &A,
was re part of a team of scientists, engineers,
hydrologists and landscape architects that were
involved in the preparation of restoration,
preservation, and enhancement plans for Famosa
Slough. The primary goals of the Famosa Slough
Enhancement Plan were:
to provide a natural habitat and wildlife refuge
by restoring and maintaining Famosa Slough as
a functioning, healthy wetland ecosystem;
to educate the public by identifying Famosa
Slough as a community resource with both
aesthetic and educational functions; and,
to provide for storm water pollution abatement
through the establishment of water wetlands,
tidal flow improvements, drainage channels,
and construction of an urban runoff system to
divert dry weather runoff into the sanitary
system.
Project design included the evaluation and
documentation of existing conditions, identification
of. enhancement opportunities and constraints,
development of refined statements of goals and
objectives, and the development of enhancement
alternatives, conceptual designs, phasing and cost
estimates. The plan has been praised by the various
agencies and public and private interest groups
involved in the process. The project received an
American Planning Association award for project
design.
Recent work to implement the Plan has focused on
construction of a series of wetland treatment
AND EXPERIENCE
f mull phase treatment ponds at
of Famosa Slough.
marshes and ponds to capture and treat urban run-
off within the Slough and curb inputs of sediments
and contaminates. Project design included the
evaluation and documentation of existing
conditions, opportunities and constraints
identification, development of refined statements of
goals and objectives, and the development of
enhancement alternatives, conceptual designs,
phasing and cost estimates. M &A worked closely
with the City and Friends of Famosa Slough to
stretch contract funds using volunteers and donated
materials. This work, completed in the summer of
2000, received an AEP /APA environmental project
award.
Other project work has included:
• Assistance with permit processing and
development of memoranda with regulatory
agencies.
• Development of a system to allow controlled
tidal circulation into the Slough, increase
wetland habitat, and reduce the impacts of
storm water runoff
• Development of a monitoring program to study
biological productivity and tidal flow
• Coordination of public meetings and
organization of public response to the proposed
plan
• Creation of a user - friendly report detailing the
history of the Slough, the components of the
enhancement plan, and the requirements for the
implementation of the plan
• Helping community groups implement ongoing
Slough maintenance and educational outreach
programs
November 15, 2003 2 -9
I
0 Ah
SECTION 3.0 LOCAL EXPERIENCE
3.0 LOCAL EXPERIENCE
Merkel &. Associates has worked on numerous
projects in Orange County, including several within
the City of Newport Beach. We have worked in
every coastal community in Orange County,
including San Clemente, Dana Point, San Juan
Capistrano; Laguna Beach, Laguna Niguel,
Newport Beach, Huntington Beach, and Seal
Beach.
NEWPORT BAY
Most recently, M&A provided biological services
for the U.S. Army Corps of Engineers for the
Newport Bay Harbor Maintenance Dredging
program completed in October 2003. M &A
performed pre - dredge surveys for eelgrass (Zostera
marina) at five locations throughout the bay. Based
on the survey results M &A was able to assist the
dredger in realigning the dredge footprint to reduce
impacts to eelgrass. Also prior to the dredging,
M &A conducted NMFS and CDFG protocol
surveys for the invasive marine alga Caulerpa
taxifolia.
In a related project, M&A designed an Eelgrass
Protection Plan to be implemented during the
dredging operations to minimi impacts to
adjacent eelgrass beds. Following completion of
dredging a post - dredge eelgrass survey, along with
an impact analysis and mitigation recommendations
was completed.
Under another contract to CDFG and NMFS,
Merkel & Associates surveyed all of Lower
Newport Bay for C. tax(foha in 2001. The
investigations were conducted using sidescan sonar,
remote cameras and SCUBA divers. Fortunately,
this highly invasive seaweed was not detected in
Newport Bay.
Merkel & Associates worked with MEC in 1997 to
characterize the fish communities of Upper
Newport Bay prior to dredging associated with the
enhancement projects there.
In 1996, M &A conducted a biological and water
quality assessment of the Upper Newport Bay
Sediment Control and Enhancement Project, Unit
III Dredging Program for Helix Environmental and
the City of Newport Beach. This assessment
investigated impacts to a wide range of habitats in
Upper Newport Bay, sensitive plant and animal
November 15, 2003
species, and water quality. M &A provided
recommendations to avoid or mitigate impacts to
biological communities, sensitive species and water
quality. Several years earlier, M &A staff assisted
the County of Orange in preparation of the Upper
Newport Bay Master Plan.
REGIONAL COASTAL PROJECTS
Other projects completed by M &A in nearby
coastal communities include:
• San Onofre State Park Sensitive Species
Surveys- 2002 (CA State Department of Parks
and Recreation).
M &A conducted surveys for the coastal California
guatcatcher and sensitive, rare, threatened and
endangered plant species within approximately 42
acres of coastal bluff/coastal sage scrub at San
Onofre State Beach.
• San Juan Capistrano General Plan
Amendment E1R 1999 (Cotton Beland
Associates for the City of San Juan Capistrano)
M &A prepared the biological resources section of
this EIR, evaluating the effects of proposed land use
designations on the environment and project
compliance with the proposed Orange County
Southern Subregion Natural Community
Conservation Plan (NCCP).
• Irvine Spectrum General Plan Amendmentl
Zone Change EIR— 2000 (Cotton Bridges
Associates)
M&A conducted a biological resources analysis for
this EIR. Biological resources were mapped in the
field and regional databases were researched.
Potential direct, indirect, and cumulative impacts to
biological resources resulting from the proposed
GPA/zone change were addressed and
recommendations and mitigation measures were
included in order to help the project avoid some of
the potential impacts or minimise others to a level
that would be considered less than significant.
• San Clemente Rail Trail Biological
Constraints Analysis— 2002 (CBA and the
City of San Clemente)
As part of compliance with CEQA and NEPA
standards, a proposed beach trail situated in the
railroad corridor was surveyed by M &A. The
biological assessment included a wetland
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SECTION 3.0 LOCAL EXPERIENCE
delineation, mapping of sensitive species, an
analysis of the impacts of the project, and
recommendations to reduce or mitigate impacts.
Surveys were also conducted for fairy shrimp in
suitable habitat at the site.
• Biological Assessment for San Mateo Bridge
Emergency Repairs, Camp Pendleton - 1999
(North County Transit District)
M &A prepared the Biological Assessment (BA) for
the San Mateo Bridge Emergency repairs,
addressing impacts to sensitive habitats and species,
and identifying mitigation opportunities and
actions. It included a plan to reintroduce the
Tidewater Goby to the San Mateo Lagoon. The BA
was reviewed and conditionally approved by
Environmental Protection Agency (EPA), USFWS,
Camp Pendleton, and the California State Parks
Dept.
• Huntington Harbour Caulerpa taxifolia
Eradication Program — 2000 - present (Santa
Ana Regional Water Quality Control Board)
M &A is currently conducting the eradication efforts
in the portion of Huntington Harbour that is infested
by C. taxifolia. M &A has been responsible for
managing all aspects of the multi- million dollar
effort, including processing of the required action
permits, designing and implementing the
eradication plan, as well as having a major role in
outreach and research efforts being undertaken.
• Rancho Capistrano EIR - 1999 (North County
Transit District)
M &A conducted a biological resource analysis in
support of EIR preparation. Existing County land
use and vegetation databases were queried to find
existing information and identify biological data
gaps. Fieldwork included surveys of
wetlands/riparian areas and potential wildlife
corridors and focussed surveys for California
gnatcatcher, least Bell's vireo, and southwestern
willow flycatcher. Biological resources were
analyzed with regard to quality and wildlife habitat
value. Habitats were assessed with a special
emphasis on unique and sensitive habitats identified
in the Orange County NCCP or applicable Subarea
Plans.
November 15, 2003
• San Clemente- Ocean Point Resort and Spa
— 2000 (Cotton Beland Associates)
M &A conducted a biological resources assessment
for the preliminary phase of the Ocean Point Resort
and Spa development design. Included on the site
are beach bluffs. The investigations included
surveys for rare plants, protected animal species,
and sensitive habitats.
• Binion Estates Property Maritime Chaparral
Mitigation - 1996 (City of Laguna Niguel).
M&A located - and evaluated potential
enhancementirestoration sites and opportunities for
Southern Maritime Chaparral, working closely with
the City of Laguna Niguel Community
Development Department staff, the project
proponent, and a number of land owners and public
land managers with potentially suitable restoration
sites. In addition M &A facilitated a scrub oak and
biological resource protection program for fuel
management programs at the site.
• Ports of Long Beach and Los Angeles
Biological Baseline Study of San Pedro Bay —
2000- 2001 (NMC for the Ports of Long Beach
and Los Angeles)
M &A served as task leader for field studies
pertaining to distribution of kelp and eelgrass
communities in San Pedro Bay. M &A also
conducted avian monitoring surveys and fisheries
sampling for the effort, and was responsible for data
analysis and reporting for avian, kelp, and eelgrass
elements.
• Laguna Niguel- O'Hill Property - 1997 (City
of Laguna Niguel)
M &A prepared a biological constraints analysis for
the 41 acre O'Hill Property. This site contained
high quality Diegan Coastal Sage Scrub and
sensitive species of plants and animals. Survey also
included surveys for the 4 pair of coastal California
gnatcatchers. The analysis included an impact
assessment and recommended mitigation measures.
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SECTION 4.0 KEY PERSONNEL
4.0 KEY PERSONNEL
This section provides brief resumes for key staff
available to provide biological consulting services to
the City of Newport Beach. Full resumes are
included at the end of this document.
Keith W. Merkel, Principal Biologist
Mr. Merkel has over 21 years of professional
experience and has coordinated, conducted, or
assisted in over 2,800 biological investigations
performed for a broad range of public and private
clients. Mr. Merkel is a hands -on principal and is
recognized for his ability to develop solutions to
difficult . ecological problems. He has worked
extensively within southern California,
predominantly providing services to public agencies
and public and quasi- public utilities dealing with
mitigation banking, habitat assessment and
restoration, permit negotiation, and biological impact
evaluation. He has also managed the completion of
permitting on well over 100 projects involving
federal and state wetland permits, coastal
development permits, and/or endangered species act
issues.
He is widely recognized as an expert on Section 404
of the federal Clean Water Act, Section 1600 et seq.
of the California Fish and Game Code, and the
California and federal Endangered Species Acts. He
is well - versed in resource and regulatory agency
mandates, guidelines, and policies as well as the legal
tests of various regulatory boundaries. Furthermore,
he is experienced in completing environmental
analyses under both NEPA and CEQA. He has
developed a long- standing professional relationship
with a wide variety of agencies and staff at multiple
levels. He is also well versed in the Migratory Bird
Treaty Act, the California Coastal Act, and has
experience with the requirements of the National
Pollutant Discharge Elimination. System (NPDES).
Mr. Merkel has frequently worked as an extension to
regulatory agency staff to assist in document
preparation including the completion of draft
environmental documents and permits for the ALOE,
preparation of draft BOs issued by the USFWS, as
well as section 2081 MOUs issued by CDFG
pursuant to state and federal endangered species acts.
In addition, he has processed numerous take
authorizations pursuant to subregional and subarea
NCCP/HCPs within San Diego County and has been
November 15, 2003
4 -1
an author of many such plans. He participates in all
aspects of CCC certification and permit processes at
M &A.
Mr. Merkel is respected in the biological and
regulatory community, earning strong support from
agency staff, environmental groups, and technical
experts. On the basis of nominations by the U.S.
Army Corps of Engineers, Waterways Experiment
Station, Mr. Merkel has served on a National
Academy of Sciences/National Research Council
technical advisory panel to the Committee on the
Role of Technology in Marine Habitat Protection and
Enhancement. Mr. Merkel has also served as an
advisor to the Army Corps of Engineers and the
Oregon State Lands Commission in their evaluation
of suitable restoration sites for marine resource
mitigation projects. In addition, he has worked with
state and federal resource and regulatory agencies in
the development of resource management and
mitigation policies. He has authored numerous
papers and spoken at several national conferences on
the topic of ecological impact assessment and marine
habitat restoration. He was requested by the
Congressional Joint Powers Commission for Base
Realignment to serve on the Environmental
Technical Advisory Committee for base closures in
California. W. Merkel is a Corps of Engineers
identified wetland delineation instructor, and is an
active member of the Society of Wetland Scientists
and Association of State Wetland Managers.
As principal biologist at M &A, he has coordinated
biological investigations, managed numerous
subconsultants, and designed and implemented major
marine resource programs as well as coastal habitat
restoration projects. He has conducted work in
nearly every major coastal drainage basin and lagoon
in the Southern California Bight. He has experience
with marine and aquatic habitat ecological studies
and habitat enhancement programs in nearly every
coastal bay and estuary system from the
U.S./Mexican Border to Morro Bay in addition to
systems in central and northern California, Oregon,
Washington, and Alaska.
Rachel Woodfield, Project Manager
Ms. Woodfield has 8 years of professional field
biological experience in southern California and is a
Senior Biologist at Merkel & Associates. Her work
has focused largely on coastal salt marsh, eelgrass,
and marine resource issues. Currently Ms.
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SECTION 4.0 KEY PERSONNEL
Woodfield is the project manager of the effort to
eradicate the exotic invasive alga, Caulerpa taxifolia,
from two infested bays in southern California. She
coordinates and participates in all aspects of the
project, including agency presentations, permitting,
data management, research and development,
fieldwork, outreach, and reporting. Additionally, her
work at M &A focuses on biological monitoring in
coastal waters. She has conducted extensive
investigations in marine systems, and was a
participant in the 2000 biological baseline study
elements of kelp, eelgrass, fisheries, and avian
resources in Los Angeles and Long Beach Harbors.
She also served as the project manager for a three -
year study of the fish communities in south San
Diego Bay. She has extensive water quality
monitoring experience including three years of data
collection for a study to determine environmental
controls on eelgrass distribution in San Diego Bay.
Ms. Woodfield frequently conducts work in Orange
County and the City of Newport Beach. In 2002, she
was invited by the City of Newport Beach Harbor
Resources Department to provide a C. taxifolia
training workshop at the City. Her unparalleled
understanding of the surveying, reporting, and
permitting protocols for C. taxifolia surveillance
allowed her to help City staff, dredgers, marine
contractors, and biologists to become familiar with
the topic and better understand the CDFG and NMFS
permit requirements. The City of Newport Beach has
adopted the same permit requirements and requires
that all surveyors attend this training. Ms.
Woodfield also coordinated and presented at the
Caulerpa taxifolia Outreach Workshop at the
Newport Harbor Nautical Museum, educating coastal
city staff, environmental groups, and teachers about
C. taxifolia permitting requirements and outreach
opportunities.
In 2001, Ms. Woodfield worked integrally with the
Orange County Coast Keepers on their volunteer
effort to survey Upper Newport Bay for C. taxifolia.
She provided training and survey design support,
ultimately incorporating their negative survey results
into the coastwide C. taxifolia surveillance database
that she manages. She also directed the M &A
survey of Lower Newport Bay for C. taxifolia using
SCUBA divers and sidescan sonar.
Ms. Woodfield recently managed all aspects of the
biological support for the Newport Bay Harbor
Maintenance Dredging. Based on mapped eelgrass
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4 -2
distribution, she assisted the dredger in re- designing
the dredge plan to minimise impacts to eelgrass.
As manager of the C. tcrdfoha eradication program,
Ms. Woodfield has worked in Huntington Harbour
for three years. She was responsible for preparing
and negotiating all permitting applications required
for this unprecedented project. This and other work
has also facilitated her productive working
relationships with many agencies including the CCC,
CDFG, USDA, CDFA, USFWS, and RWQCB. She
works regularly with coastal city staff members,
preparing update presentations for council meetings,
attending city committee meetings and workshops,
supporting city staff through technical advice and
document and graphic preparation. She has prepared
biological resource assessments and permit
applications for the CCC in Huntington Harbour,
Oceanside and Carlsbad.
She shows a deep commitment to all of her projects
and strives to successfully complete her projects in
the most efficient and cost - effective manner possible.
Melissa A. Booker, Senior Biologist
Ms. Booker has worked in wildlife biology for the
past 12 years and currently serves as Terrestrial
Division Manager at M &A. Ms. Booker is a
Certified Wildlife Biologist by the Wildlife Society.
She has managed the biological investigations for
many large -scale projects and is an experienced field
biologist with expertise in wildlife conservation in
the southern California coastal region. Ms. Booker
has extensive experience, which includes field
investigations of biological resource issues,
endangered species surveys, impact assessment and
management, mitigation planning and monitoring,
and regulatory agency coordination and permitting.
Ms. Booker is experienced in California Coastal
Commission permit prpcessing. She successfully
guided the San Mateo Bridge Emergency Repair
project through all phases of the CCC permitting, a
notable achievement due to the complex and
controversial nature of the project. She also assisted
in the permitting of the Mission Bay Fiesta Island,
including attendance at the CCC hearing, where the
project was ultimately approved.
Ms. Booker is well versed in biological assessment
under various environmental policies and regulatory
programs, including the California and federal
Endangered Species Acts, the Clean Water Act, and
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SECTION 4.0 KEY PERSONNEL
various sections of the California Fish and Game
Code. Ms. Booker is recognized for her ecological
studies and monitoring of avian species. She is
federally permitted to conduct surveys for the
California gnatcatcher. Additionally, Ms. Booker is
federally permitted to survey for the southwestern
willow flycatcher and quino checkerspot butterfly.
She has shown particular expertise in managing
projects which have required extensive coordination
between multiple agencies and interpretation of local,
regional, state, and federal regulations and policies.
Craig H. Reiser, Senior Botanist
Mr. Reiser has 16 years of experience as a botanist
and wildlife biologist. Mr. Reiser is an expert on
plant communities of southern California and is
author of The Rare Plants of San Diego County. He
has completed vegetation mapping and rare plant
surveys for more than 500 projects and served as lead
biologist for the San Diego County Water Authority's
Capital Improvement Program, which addressed
impacts, and mitigation to sensitive and endangered
species along 108 miles of pipelines and facilities.
He is qualified to perform focused protocol surveys
for sensitive species such as California guatcatcher,
least Bell's vireo, southwestern willow flycatcher,
fairy shrimp, and Belding's savannah sparrow.
November 15, 2003 4 -3
55
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SECTION 5.0 COMPENSATION
5.0 COMPENSATION
It is preferred that all services provided by Merkel
& Associates to the City of Newport Beach be
billed on a time and materials basis. We would be
happy to provide cost estimates for specific tasks
prior to their initiation. Invoices would be
submitted monthly for services performed. A
summary of detailed labor hours and other direct
project costs would be included in each invoice.
SCHEDULE OF BILLING RATES
Rates outlined below are the standard billing rates for
2003 for various staff. Rates for specialized
sampling gear can be provided if required. Work
conducted after July 2004 would be subject to
standard rate schedule modifications.
November 15, 2003 5 -1
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Hourly
Resource
Rate
Principal Biologist
$165
Proj ect Manager
$95
Senior Biologist
$80
Certified Wetland Delineator
$72
Associate Biologist
$65
GIS Specialist
$60
Marine Technician
$58
Biological Technician
$50
Clerical/Admm.
$42
Mileage
$0.40 /mi
Small Survey Vessel
$215 /day
Large Survey Vessel
$350 /day
SCUBA Diving Equipment Fee
$55 /day
Copies — B &W
$0.10 ea.
Copies — Color
$1.50 ea.
November 15, 2003 5 -1
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SECTION 6.0 � REFERENCES
6.0 REFERENCES
We have provided four points of contact that
can attest to our technical . capabilities,
professional ethics, and administrative
integrity. We strongly urge the selection
committee to contact client and agency
references provided below, as well as clients
noted in the project descriptions in Section 2,
in order to verify past performance records
and client satisfaction.
Client Name: County of San Diego,
Department of Planning and
Land Use
Contact: Ms, Maeve Hanley
Phone: (858) 495 -5254
Client Name: NOAA Fisheries, Southwest
Regional Office
Contact: Mr. Robert Hoffman
Phone: (562) 980 -4043
Client Name: BRG Consulting (Formerly
with CBA)
Contact: Mr. Tim Gmbus
Phone: (619) 298 -7127
Client Name: Port of Los Angeles
Contact: Dr. Ralph Appy
Phone: (310) 732 -3497
Client Name: Department of Navy, SW Div.,
Natural Resource Branch
Contact: Mr. Mitchell Perdue
Phone: (619) 532 -3744
November 15, 2003 6 -1
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KEITH W. MERKEL
PROFESSIONAL HISTORY
Principal Consultant, Merkel & Associates, Inc. 1994- present. Currently providing biological services
to a host of public and private clients including the City of Chula Vista, City of San Diego Park &
Recreation and Water Utilities Departments, the City of Vista, the San Diego County Water Authority,
Otay Water District, Sempra Energy, SAIC, Port of Oakland, Port of Los Angeles, and the U.S. Navy.
Chief Ecologist and Corporate Officer, Pacific Southwest Biological Services, Inc. 1985 -1994.
Principal responsible for biological consulting division and management of regional -scale project for the
firm. Mr. Merkel has coordinated, conducted or assisted in ecological and zoological work on over 2,500
biological investigations in California Arizona, Washington Oregon and Alaska.
Tuolumne River Fisheries Research Team, Environmental Impact Planning, Corp. 1984. Work
included extensive monitoring of riverain habitats, fish populations, fisheries microhabitat utilization, and
in- stream flow measurements. Assisted in modeling of hydro - project impacts on fisheries for FERC
licensing.
EXPERIENCE
Mr. Merkel has 19 years of professional experience and has coordinated, conducted, or assisted in over
2,800 biological investigations performed for a broad range of public and private clients. Mr. Merkel is
a hands -on principal and has served as a senior scientist and manager for such projects as the SDCWA
Optimal Storage Study and Emergency Storage Program, SDCWA/MWD San Diego Pipeline No. 6, the
Otay Water District (OWD) CIP Endangered Species Consultation, and numerous other OWD projects.
He has coordinated biological investigations, managed numerous subconsultants, and designed and
implemented major biological resource programs as well as habitat restoration projects. He has experience
with marine, aquatic and terrestrial habitat ecological studies and habitat enhancement programs from the
U.S./Mexican Border to Morro Bay in addition to systems in central and northern California, Oregon,
Washington, and Alaska.
Having served as the coordinator of regulatory permits and activities for a large biological consulting
firm, Mr. Merkel is widely recognized as an expert on the federal Clean Water Act and has further
expertise with the National Pollutant Discharge Elimination System (NPDES) requirements. He is well
versed in programs and practices under the California Fish & Game Code, as well as the Coastal Act,
CEQA/NEPA, and state and federal Endangered Species Acts. He has also been instrumental in the
development of numerous creative techniques to provide increased flexibility in construction timing and
environmentally sound construction methods. He has acted in an advisory capacity to the U.S. Army
Corps of Engineers, Portland District and the Oregon Division of State Lands in their evaluation and
development of suitable restoration sites for habitat mitigation. In 1991, he was appointed as a technical
• •
advisor, by the recommendation of the ACOE -WES, to the National Academy of Sciences - Marine
Board, National Research Council: Committee on the Role of Technology in Marine Habitat Protection
and Enhancement.
Mr. Merkel has an educational and professional background in ecology, ecological assessment, and
habitat restoration. Further, he has developed and been involved in the implementation of several large
mitigation, restoration and enhancement programs. Over the past several years, Mr. Merkel has
conducted dozens of projects relating to habitat evaluation and mapping,. impact assessment, restoration
designs, restoration implementation and monitoring and is nationally recognized for his restoration
achievements which often serve as successful case studies for other restoration programs. Mr. Merkel
has authored several papers on the subjects of environmental regulations, environmental assessment and
habitat restoration. He has developed a long standing working relationship with the Corps of Engineers,
National Marine Fisheries Service, Environmental Protection Agency, U.S. Fish and Wildlife Service,
and California Department of Fish and Game. Mr. Merkel is also managing a number of regulatory
agency coordination and environmental policy development efforts for public agency clients. These
include development of mitigation banking programs, providing third party consistency review, and
preparation of internal guidance manuals for compliance with existing regulatory programs.
SIGNIFICANT PROJECTS
San Diego County Water Authority's Optimal Storage Study - Biological Constraints Studies. 1994 -
present. Mr. Merkel managed biological studies, mapping programs, budgets, sub - consultants, document
preparation and development of biological ranking criteria for the 13 site 21,555 acre investigation. All
work was completed on -time and under budget Included in this study, was the biological investigation
of the 381 -acre Daley Ranch site. Thje project has since evolved into the Authority's Emergency Storage
Project. Mr. Merkel was also one of the lead biologists for the studies.
Batiquitos Lagoon Long-term Biological Monitoring and Pilot Revegetation Program (1996 -2006)
Mr. Merkel is the Project Manager for the 10 -year Batiquitos Lagoon Enhancement Project biological
monitoring program. This monitoring program and the associated eelgrass and cordgrass restoration
program are the final'phases of this massive $55 million habitat restoration project The long -term
monitoring program includes several elements ranging from vegetation trends analyses to detailed
fisheries and avian resource studies. Included in the studies are sediment and water quality analyses, as
well as benthic community development, including macroalgae and eelgrass habitats.
The Batiquitos Lagoon Long -term Monitoring Program includes quantitative and qualitatative assessment
of resources, documentation of trends, and presentation of data to resource and regulatory agencies and
the public. Quarterly monitoring reports are being prepared as a means of rapid data transfer. Annual
reports are to serve as a forum for data and trend analyses and interpretation..
Famosa Slough Enhancement Plan, San Diego, California. 1994 -2000. Mr. Merkel created and
implemented a plan to restore and preserve the Slough as a natural habitat, provide a sanctuary for
wildlife, and educate the public in the appreciation of the plants and animals that comprise a wetland
system.
San Francisco Oakland Bay Bridge Seismic Safety Project, 1999-present. Mr. Merkel has managed
biological and physical studies conducted to assist Caltrans in obtaining the necessary permits for the
seismic safety project He has also developed large -scale on and off -site mitigation plans for the project
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and is conducting a comprehensive eelgrass transplant experiment on Emeryville Flats.
Port of Oakland, Middle Harbor Enhancement Studies, 1997 -2002. Mr. Merkel was the Task Leader
for the Conceptual Design of the Middle Harbor Habitat Enhancement, which included characterization
of marine communities and development of an enhancement plan as part of the EIR/EIS preparation for
the project
San Diego Gas & Electric, Biological Studies for NPDES Permit Renewal, 1994 - present. Mr.
Merkel designed and implemented studies intended to evaluate the potential effect of the South Bay
Power Plant's cooling water discharge on fisheries, benthic, avian, and endangered species resources.
Work also included a 2 year unattended water quality and sediment monitoring program to determine
limiting factors of eelgrass distribution in the south San Diego Bay. Mr. Merkel assisted with the
development of a predictive model for eelgrass distribution.
Sweetwater River Basin Groundwater Demineralization Project, 19,95-present. Mr Merkel
designed and conducted baseline biological studies of flora, fauna, sensitive species, and water quality
to assess environmental impacts of both the extraction of groundwater and the discharge of brine
associated with the proposed Sweetwater River Demineralization Project.
EDUCATION
1986 -1992, San Diego State University, San Diego, California
Graduate studies: Ecology
1985, Oregon State University, Corvallis, Oregon
Discipline: B.S. degree in Biology
Emphasis: Ecology and Aquatic Biology
PROFESSIONAL CERTIFICATIONS
• California Department of Fish and Game, Scientific Collecting Permit 1986- present
(invertebrates, fish, amphibians, reptiles, mammals)
• California Department of Fish and Game, Memorandum of Understanding for handling of the
Pacific Pocket Mouse, San Joaquin Pocket Mouse, Los Angeles Pocket Mouse, Arroyo Chub
• Endangered Species Act, Section 10(a) survey permit for California Gnatcatcher
• FICWD wetland delineation
• TIM hydrologic profiling qualified
• Army Corps of Engineers certified Wetlands Delineation Instructor
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Merkel & Associates, Inc.
RACHEL A. WOODFIELD
PROFESSIONAL HISTORY
Senior Biologist, Merkel & Associates, Inc., San Diego, California. May 1997 - present. Ms. Woodfield's duties
include project management, project permitting, research and report preparation, study design and data analysis,
fish taxonomy, avian surveys, eelgrass restoration and monitoring, and technical and field assistance. Ms.
Woodfield is currently the program manager for the rapid response eradication effort to control the spread of the
invasive green alga Caulerpa taxifolia in two coastal southern California lagoons.
Biological Technician, Merkel & Associates, Inc., San Diego, California. June 1996 -May 1997. As a biological
technician at M&A, Ms. Woodfield's duties included avian, infauna, and avian surveys, eelgrass restoration and
monitoring, technical and field assistance, research and report preparation.
RECENT EXPERIENCE
Ms. Woodfield is a biologist with Merkel & Associates with eight years experience in field biology. She has
focused her work on coastal wetlands and shallow marine environments. As a major portion of her work, Ms.
Woodfield has managed fish community studies, water quality investigations, coastal wetland restoration and
monitoring, and habitat assessments. She is an experienced ornithologist who regularly performs professional
avian surveys in coastal wetlands. She has also conducted marine resource investigations on fish, avian,
macroalgal and eelgrass communities at numerous sites from San Francisco Bay to San Diego Bay.
Her most current work involves directing eradication efforts for C. taxifolia, discovered by Merkel & Associates
in Agua Hedionda Lagoon in Carlsbad and later confirmed growing in Huntington Harbour. She works closely
and under the direction of the Southern California Caulerpa Action Team ( SCCAT), made up of members from
San Diego Regional Water Quality Control Board, Santa Ana Regional Water Quality Control Board,
California Department of Fish and Game; NOAA Marine Fisheries, City of Carlsbad, US Department. of
Agriculture and others. -She coordinates and participates in all aspects of the project, including SCCAT
presentations, data management, research and development, fieldwork, outreach, and. reporting. She has
coordinated with scientists from six other countries that have experience with the invasive nature of C.
taxifolia, included two research expeditions in the Mediterranean Sea to study the later stages of the
uncontrolled spread of the species. She works with environmental groups, coastal cities, and recreational divers
as part of an outreach program to educate about and search for invasive marine species. Her extensive
involvement in the field of invasive species studies began when she found and reported the first known
occurrence of the invasive seaweed Undaria pinnatfida in North America.
Ms. Woodfield conducted a three year quarterly fish study for the South Bay Power Plant in San Diego Bay to
comply with the terms of their NPDES permit renewal. , The study evaluated the potential effects of the Plant's
operations on the fish community as well as on threatened and endangered species. Also in support of that permit,
Ms. Woodfield completed a three year continuous water quality monitoring program in a bay -wide study of San
Diego Bay, to support the development of a predictive model for eelgrass distribution. The study involved the full-
time deployment and maintenance of seventeen untended Hydrolab multiprobes within south San Diego Bay.
• •
In addition to work within San Diego Bay, Ms. Woodfield has been working on biological assessment programs
in San Francisco Bay for over 6 years, and has worked extensively for the Port of Oakland. Starting in 1997, she
managed baseline macroalgal and eelgrass habitat investigations associated with the conversion of 190 acres of
deepwater port facilities to shallow water, mudflats, and marshlands within the Port of Oakland's Middle Harbor.
In association with that project, she conducted a mitigation design study to investigate eelgrass restoration impacts
at a study site at Bayfarm Island. She has also conducted water quality assessments throughout the bay. Over the
past few years she has been working intensively in San Francisco Bay in support of the San Francisco Oakland Bay
Bridge East Span Seismic Safety Project She works regularly on the Eelgrass Restoration Program being
conducted by M&A at several locations in the East Bay, collecting monitoring data on eelgrass growth,
maintaining deployed water quality equipment, and managing collected data. Ms. Woodfield also participates in
the Baywide Eelgrass Mapping program currently being conducted by M&A, collecting and managing data on the
distribution of eelgrass throughout the bay.
Ms. Woodfield is experienced in the use of a wide range of sampling equipment, including plankton nets, large
and small seines, benthic invertebrate sampling gear, water quality equipment, dGPS navigational equipment,
bathymetric and topographic survey equipment, and SCUBA dives regularly in the course of her work. She has
been conducting fish community assessments for over six years, responsible for field coordination, taxonomy, data
management, analysis and reporting. In addition, Ms. Woodfield is a highly experienced boat handler and
navigator, and has worked extensively in shallow water lagoons, bays, and estuaries.
SIGNIFICANT PROJECTS
Caulerpa taxifolia Eradication Program, Huntington Harbour and Agua Hedionda Lagoon, 2000 - present.
Ms. Woodfield manages the southern California Caulerpa taxifolia eradication effort to remove the invasive green
alga from two infested lagoons. She is responsible for all aspects of the project including: program design, survey,
treatment, outreach, research, data management, and reporting.
Batiquitos Lagoon, Carlsbad, 1997 -2006. Ms. Woodfield is working on the biological monitoring phase of the
$55 million estuarine habitat restoration project at Batiquitos Lagoon. Ms. Woodfields work includes scheduling
and completing fisheries, vegetation, avian, water quality, and benthic field surveys, implementing eelgrass and
cordgrass pilot restoration programs, and analyzing data.
San Francisco- Oakland Bay Bridge Seismic Safety Project - Biological Services. 2002 - present. Ms.
Woodfield has worked an several elements of this project for Caltrans. Field data collection, data analysis,
and report preparation for permit compliance are among the many tasks conducted. She also participates
in the experimental eelgrass transplant, and inventory of all existing eelgrass resources in San Francisco
Bay. The experimental eelgrass transplant is on -going and monitoring for the eelgrass and sand flat
habitat restorations will continue for 15 years following the completion of construction in approximately
2010.
Port of Oakland Habitat Enhancement Plan, Oakland;1997 -2000. Ms. Woodfield collected and analyzed soils
and water quality samples at various stations in the bay, evaluated existing eelgrass beds, and conducted an
experimental transplant She managed baseline macroalgal and eelgrass habitat investigations associated with the
conversion of 190 acres of deepwater port facilities to shallow water, mudflats, and marshlands within the Port of
Oakland's Middle Harbor.
SDG&E South Bay Power Plant NPDES Renewal, Chula Vista, 1997 -1999. Ms. Woodfield managed a fish
community characterization program in the discharge channel of the power plant to assess the affects of the thermal
discharge on adjacent eelgrass and fisheries resources in south San Diego Bay. Ms. Woodfield oversaw three years
of field work and prepared the quarterly and final assessment reports
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SDG &E South Bay Power Plant NPDES Renewal, Chula Vista, 1997 -1999.
Ms. Woodfield completed a continuous bay -wide environmental monitoring program to support the development
of a predictive model for eelgrass distribution in San Diego Bay. The study involved the full-time deployment and
maintenance of seventeen untended Hydrolab multiprobes within south San Diego Bay.
SDG &E Encina Power -Plant Water Quality Monitoring, Carlsbad, 1996 -1997. As part of NPDES permit
requirements for the Encina Power Plant, leis. Woodfield. is conducted temperature, tidal, and current monitoring
in the waters adjacent to the plant's thermal outfall pipe.
EDUCATION
1995, University of California at Santa Barbara, Santa Barbara, California
Discipline: B.A. degree in Biological Sciences; emphasis in marine biology
PROFESSIONAL CERTIFICATIONS
• PADI certified SCUBA Diver
• CDFG Scientific Collecter's Permit
• USFWS 10 (a) permit to survey for Quino Cbeckerspot Butterflies
• USFWS 10(a) permit to survey for Vernal pool branchiopods
• USFWS 10(a) permit to assist with California Gnatcatcher surveys
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- -= -
Merkel & Associates, Inc.
MELISSA A. BOOKER
PROFESSIONAL HISTORY
Senior Biologist and Terrestrial Branch Manager, Merkel & Associates, Inc. (M &A), San
Diego, California. January 1998 to present. Ms. Booker's primary Senior Biologist duties are to
conduct biological inventories and assessments, to prepare technical documents in accordance with
California Environmental Quality Act (CEQA), and to prepare natural resource management plans
for both public and private entities. In the case of CEQA documents, the emphasis of the biological
inventories is to identify. the potential for adverse impacts to sensitive biological resources [as
defined by U. S. Fish and Wildlife Service (USFWS), California Department of Fish and Game
(CDF &G), CEQA, and local jurisdictions], and to develop measures to avoid, reduce, or mitigate
significant impacts. Biological inventories conducted in support of management plans focus on
establishing a baseline for future monitoring comparison and identifying sensitive populations or
communities requiring special management considerations. As M &A's Terrestrial Branch Manager,
Ms. Booker is responsible for oversight of all terrestrial staff and projects. Although each project is
assigned an individual project manager, Ms. Booker serves as senior editor, staff supervisor, and
inter- project coordinator. She is also responsible for staff training, project scoping, and proposal
preparation. A number of her completed and on -going projects are listed following her professional
history.
Senior Biologist and Field Biologist, San Clemente Loggerhead Shrike (Lanius ludovicianus
mearnsi) Project, Western Foundation of Vertebrate Zoology and Endangered Species Recovery
Council, San Clemente Island, California. 1995- 1997. Ms. Booker's supervisory duties included
coordination of field crew activities and data collection; coordination of field activities with military
range personnel; preparation of monthly reports summarizing population, breeding, and band status
for this federally endangered species; production of annual report sections summarizing all 1998 field
activities and data collection; and attendance of weekly meetings to coordinate the project's predator
control, captive propagation, and field monitoring efforts.
SIGNIFICANT PROJECTS
Tidewater Goby (Eucyclogobius newberryi) Reintroduction, Camp Pendleton, 1999 -on- going.
Ms. Booker designed the Tidewater Goby Reintroduction Plan for San Mateo Lagoon and Creek,
following local extirpation in 1998. The plan addressed the reintroduction and management of a
population for a minimum of five years, including a habitat suitability determination, site
preparation, Tidewater Goby collection and reintroduction, monitoring and maintenance, and success
criteria. Plan elements designed, implemented, and managed by Ms. Booker include water quality
testing, exotic predatory species control, Tidewater Goby status surveys, lagoon profile mapping,
collection for genetic testing, and reporting. The project has successfully re- established a Tidewater
4-
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Goby breeding population at San Mateo Lagoon and Creek. The monitoring and management
aspects of this project are on- going.
San Diego River Natural Resource Management Plan (in prep), City of San Diego, 2002 -on-
going. To formulate this plan, M&A compiled a biological inventory of the plan area,
determinations regarding existing and proposed land uses and property ownership were made,
archaeological resources were identified, and all aspects were brought together through the use of
Geographic Information System (GIS). Ms. Booker is leading this effort, managing the non-
biological tasks and conducting the biological effort with fellow M &A biologists. The 2002 and
2003 biological inventory work included riparian bird point counts, Least Bell's Vireo surveys, river
seining, turtle trapping, marsh bird surveys, track surveys, and general biological surveys. The
management plan identifies proposed management actions and recommendations based on existing
biological, cultural, geological, and hydrological conditions, current and planned land uses, and
recreational uses as described in the existing conditions portion of the plan.
Moreno Valley General Plan Amendment EIR, 2001 -on- going. In preparing this document, Ms.
Booker compiled and reviewed existing biological information from the over 40,000 acre project
area (City of Moreno Valley and sphere of influence) including but not limited to, information
provided within the Preliminary Draft Western Riverside Multiple Species Habitat Conservation Plan
(MSHCP) and associated documents, regional sensitive species occurrence and vegetation
community GIS data, and the results of site specific investigations conducted within the project area.
Vegetation communities mapped on -site, flora and fauna reported from or expected on -site, and on-
site wildlife habitat features are discussed in detail. Quantification of direct impacts resulting from
this project was not possible, as no specific development was proposed. The impact analysis
reviewed the proposed Land Use Policy Map Alternatives, which allow for future development
patterns that differ from existing conditions, and evaluated the potential for future impacts from
development within the region under each plan. The impact analysis specifically examines potential
impacts to sensitive species, sensitive habitats, and wildlife corridors, including potential impacts to
wildlife from increases in traffic; and the potential for increased edge effects and habitat
fragmentation within or adjacent to areas of biological open space.
Escondido General Plan Amendment EIR, 2000. Similar to the Moreno Valley General Plan
Amendment, Ms. Booker used existing data supplemented by surveys performed in the general plan
area to prepare the biological resources section of the General Plan Amendment EIR. She
determined that limited biological resources existed within much of the plan amendment areas due to
urbanization, which places a higher premium on conservation of existing resources. The impact
analysis focused on the potential for impacts to significant populations of sensitive species or areas of
sensitive habitats and recommended appropriate mitigation, where feasible, to reduce impacts to a
level below significance. The analysis also examined impacts within the context of the City's
Subarea plan and reviewed the potential for the proposed amendments to preclude plan compliance.
Carmel Valley Road Enhancements EIR, 1999 -2000. Utilizing the biological assessment of the
project site and specific field assessments of wildlife corridors and sensitive habitat locations, Ms.
Booker prepared the EIR biological resources section. Impacts to wetlands, Coastal Sage Scrub,
sensitive plant species, California Gnatcatchers, Belding's Savannah Sparrows (Passerculus
sandwichensis beldingi), and wildlife corridors for all project alternatives were addressed.
Salvation Army Camp Biological Report and EIR, Ramona, 1999 -on- going. This project includes
a biological assessment of project resources and determination of impacts from three proposed
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alternative plot plans for an E1R. The project included an evaluation of on -site vegetation
communities, identification of local wildlife corridors, determinations of presence/absence for any
sensitive species for which suitable habitat occurred on -site habitat, and a determination regarding
the significance of any sensitive species population known or expected on -site. To support these
determinations, intensive wetland delineations were undertaken; habitat suitability evaluations were
conducted for Arroyo Toad (Bufo californicus), Least Bell's Vireo, and Southwestern Willow
Flycatcher; and focused surveys were performed for California Gnatcatcher, Quino Checkerspot
Butterfly, and Stephen's Kangaroo Rat (Dipodomys stephensi) (completed by sub - consultant). The
report evaluated direct and indirect impacts and made recommendations regarding avoidance,
reduction of impacts, and/or mitigation of impacts.
Long-term Management and Monitoring Plan for Daley Ranch Conservation Bank, Escondido,
2002. This plan was developed based on baseline biological studies including an intensive
remapping of site vegetation, sensitive plant surveys, general zoological surveys, nesting raptor
surveys, and an examination of current recreational uses at Daley Ranch. The plan follows the
format recommended by CDF &G and includes all of the baseline biological information along with
"Management Goals, Objectives, Recommendations, And Environmental Impacts" according to
elements (Biological, Public Use, Facility Maintenance, and Cultural Resources). The plan provides
species- specific management actions /directives to meet the City of Escondido's Multiple Habitat
Conservation Program obligations and extensive sections on recommended recreational and access
management actions to provide suitable, rewarding public use opportunities while preserving and
protecting the site's natural resources.
EDUCATION
• 1990, University of Connecticut, Storrs, Connecticut
B.S. in Animal Science with a minor in Biology, 1990
• UCLA Extension Planning and Zoning Law and Practice (2001)
• UC Berkeley Extension Land Use Planning for Non - Planners (2001)
CERTIFICATIONS AND PERMITS
• 1999 -2003 USFWS Endangered Species Act (ESA) section 10(a)(1)(A) permit (PRT- 797999) to
independently survey for the California Gnatcatcher and Quino Checkerspot Butterfly, and to
assist with Southwestern Willow Flycatcher surveys.
• 2000 -2003 Authorized field investigator under CDF &G MOU for California Gnatcatcher and
Least Bell's Vireo work, Tidewater Goby, Arroyo Chub (Gila orcutri), Southwestern Pond Turtle
(Clemmys marnwrata pallida), and California Tiger Salamander (Ambystoma californiense).
Authorized field assistant for Southwestern Willow Flycatcher.
• 1998 -2003 CDF &G Scientific Collecting Permit for marine aquatic plants, marine and freshwater
fishes, freshwater and terrestrial invertebrates, amphibians, reptiles, birds, and mammals.
• San Diego County Certified Environmental Consultant
• The Wildlife Society Certified Wildlife Biologist
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-- 1Vlerkel & Associates, Inc.
CRAIG H. REISER
PROFESSIONAL HISTORY
Senior Biologist, Merkel & Associates. 1994 to present. Craig Reiser is one of Southern California's
foremost field biologists and one of the few recognized experts on the sensitive plants of the region. The
diversity of his field experience in the last decade is perhaps unmatched in Southern California. He has
conducted professional biological surveys and site assessments at over 1,000 sites from Madera County
to San Diego County, generating over 700 separate technical reports submitted to a spectrum of county
and city agencies. His published works on the rare plants of southern California are being utilized by
analysts at the local, state, and federal levels.
Mr. Reiser has conducted biological work in all ecotypes represented in the southwestern U.S. from the
coast to the desert. He is very experienced with large -scale regional analyses through such work as the
Camp Pendleton Rare Plant inventories covering over 125,000 acres, the Western Riverside Habitat
Conservation Plan habitat mapping effort covering 1.4 million acres, the El Centro Naval Air Base East
and West Mesa studies covering 200,000 acres of desert environments, and the San Diego Pipeline No.
6 regional routing study mapping over 500 square miles of San Diego and Riverside counties.
Senior Botanist/Lead Biologist, Pacific Southwest Biological Services, Inc. 1987 -1994. Mr. Reiser was
the senior field botanist for Pacific Southwest Biological Services for a seven year period. During this
time, Mr. Reiser was responsible for the execution of professional biological surveys and site assessments
at over 550 sites from Madera County in the north to San Diego and Imperial counties in the south,
generating over 450 separate technical reports submitted to a spectrum of county and city agencies.
SIGNIFICANT PROJECTS
Boden Canyon Biological Resources. 2000. Mr. Reiser was responsible for the botanical investigations
on the 2000 acre Boden Canyon study area. Existing biological conditions of Boden Canyon were
investigated in order to evaluate potential impacts of incorporation of the site into a regional trail system.
Mr. Reiser also conducted focused surveys following USFWS protocols for the Least Bell's Vireo and
Southwestern Willow Flycatcher. Prepared for San Dieguito River Park Joint Powers Authority. (2000)
Faraday Avenue Extension, Agua Hedionda Sewer Interceptor, and Carlsbad Oaks North Business
Park. 2000. Mr. Reiser conducted botanical investigations, rare plant surveys, and focused surveys
following USFWS protocol for Least Bell's Vireo, California Gnatcatcher, and Southwestern Willow
Flycatcher at the Faraday site. Wildlife movement corridors and regional connectivity were also
investigated for consistency with the Carlsbad Habitat Management Plan (HMP). (2000)
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San Diego County Watertuthority's Capital Improvement Prom (CIP) on the California
Gnatcatcher, San Diego, California. Mr. Reiser served as the project's lead botanist His duties included
the assessment and delineation of habitat types along the 108 miles of pipelines and facilities within the
Authority's CIP. Through cooperative efforts of the U.S. Fish and Wildlife Service, the Authority, and the U.S.
Navy as the lead federal agency, the Authority is providing mitigation for project impacts to the California
gnatcatcher and vesting a right to a "take' for current and future projects.
Rare Plant/Vegetation Survey, Camp Pendleton (1987 -1990) Mr. Reiser completed a 3 -year focused
study, comprised of over 60 separate surveys, in order to identify the status and distribution of rare plants
on the 125,000 -acre base. Compiling regional flora and specifically searching for sensitive plants and
mapping the vegetation for the Base, Mr. Reiser conducted the first thorough botanical exploration of
Camp Pendleton. During 1993 -1994 he supervised a team of bio- cartographers, and fine -tuned a
vegetation mapping effort covering approximately 1.4 million acres of western Riverside County. Other
relevant experience includes:
Carlsbad Municipal Golf Course EIR Biological Constraints Analysis (1997 - present) Mr. Reiser
was the project manager conducted a biological survey of the 396 acre Carlsbad site, with an emphasis
on updating information on sensitive biological resources. Focused breeding territory surveys for the
California gnatcatcher, least Bell's vireo and Quino checkerspot were conducted. This project included
a complex array of mitigation requirement which involved interactions with various city, state, and federal
agencies.
EDUCATION
1978, M.A., San Diego State University, San Diego, California
1977, B.A., San Diego State University, San Diego, California
1974, B.A., San Diego State University, San Diego, California
PROFESSIONAL CERTIFICATIONS
• USFWS take permit for the California Gnatcatcher, Southwestern Willow Flycatcher
(PRT- 797999)
• USFWS 10(a) permit to survey for the California Gnatcatcher and Southwestern Willow
Flycatcher (PRT- 797999)
• USFWS 10(a) permit to survey for Quino Checkerspot Butterfly (PRT- 797999)
• USFWS 10(a) permit to survey for the vernal pool branchiopods (PRT- 797999)
• County of San Diego Certified Biologist
• County of Riverside Certified Biologist
PUBLICATIONS
Reiser, C.H. 1994. The Rare Plants of San Diego County. Aquafir Press. 175pp.
Reiser, C.H. 1989. The Rare Plants of San Diego County. Sweetwater River Press. 50pp.
Reiser, C.H. 1984. New Species of Dudleya from the Banner Grade. Cactus and Succulent
Journal.
M
E
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
BYTHE
Agenda Item No. 3. '
February 10, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Afford, Senior Planner
(949) 644 -3235
palford city.newaort- beach.ca.us
SUBJECT: Professional Services Agreement for LCP Biological Consultant
ISSUES:
Should the City of Newport Beach approve a professional services agreement with Merkel &
Associates, Inc. to provide biological consulting services associated with the Local Coastal
Program certification process?
0 RECOMMENDATION:
Approve the professional services agreement with Merkel & Associates, Inc.
DISCUSSION:
Introduction:
Pursuant to SB 516 and the California Coastal Act, the City of Newport Beach is preparing to
submit an application for a Local Coastal Program (LCP) to the California Coastal Commission
(CCC) for certification. The certification process will involve a number of issues relating to the
protection of biological resources in the coastal zone. Some of the more significant issues
include adopting polices for environmentally sensitive habitat areas, the definition of wetlands,
and protection of eelgrass. Therefore, it is essential that the City have a biological consultant
available to advise elected and appointed officials and staff during this process.
Consulting Services:
The biological consultant will provide the following services:
• Advising City elected and appointed officials and staff on matters relating to biological
resources.
■ Reviewing and assisting in the preparation of responses to reports and comments
relating to biological resources.
• Biological Consultant PSA
February 10, 2004
Page 2
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• Assistance in the preparation of policies and implementing ordinances relating to
biological resources.
• Attendance at meetings with City staff, upon request.
• Attendance at California Coastal Commission hearings on the certification of the City of
Newport Beach Local Coastal Program.
• Attendance at other board, commission, and committee meetings, upon request.
• Conducting field investigations, when necessary.
Selection Process:
The Planning Department mailed a request for qualifications (RFQ) to 21 environmental consulting
firms. Interviews were conducted with representatives of the 5 fines that responded to the RFQ.
Based on the written proposals and the interviews, staff concluded that Merkel & Associates were
best suited to the task. While all of the fines were technically proficient, Merkel & Associates best
understood the consultant's role as the City's advisor and advocate. Staffs recommendation was
submitted to and approved by the LCP Certification Committee.
Proiect Funding:
On October 8, 2002, the City Council authorized a budget of $264,125.00 for the LCP
certification process.. $40,057.37 is still available for technical studies and consulting
services, which staff expects to be sufficient to cover the costs of these services over the
one -year term of the agreement.
Prepared by:
Patrick J. Alford
Senior Planner
Attachments:
Submitted by:
t�.O
Patricia L. Temple
Planning Director
1. Draft professional services agreement.
2. Statement of Qualifications by Merkel & Associates.
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PROFESSIONAL SERVICES AGREEMENT WITH
MERKEL & ASSOCIATES, INC. FOR
ON -CALL ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2004; by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City "), and MERKEL & ASSOCIATES, INC., a California corporation
whose address is 5434 Ruffin Road, San Diego, California, 92123 ( "Consultant"), and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is currently updating its Local Coastal Program (LCP) for submission to
the California Coastal Commission.
C. City desires to engage Consultant to provide advice on issues relating to the
LCP certification process, which is expected to take up to two years, as well
as other advice that may be needed from time to time on matters relating to
biological resource protection (the "Project").
D. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Keith W.
Merkel.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the day of
2004, and shall terminate on the 15th day of February, 2006, unless terminated
earlier as set forth herein.
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2. SERVICES TO BE PERFORMED I•
Consultant shall provide "On -Call" Environmental Consulting Services as
described in the Statement of Qualifications dated November 15, 2003 attached
as Exhibit "A". Upon verbal request from the Project Administrator, Consultant
shall provide the services requested by the City at the hourly rates listed in
Exhibit A.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the hourly billing rates set forth in Exhibit "A" attached hereto
and incorporated herein by reference. No rate changes shall be made during the
term of this Agreement without the prior written approval of the City.
Consultant's compensation for services performed in connection with this
Agreement shall not exceed $30,000 without City Council approval.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal to which it relates, the date the services were performed,
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the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior authorization of the City. As used herein, "Extra Work" means any
work that is determined by City to be necessary for the proper completion
of the Project, but which the parties did not reasonably anticipate would
be necessary. Compensation for any authorized Extra Work shall be paid
in accordance with the Schedule of Billing Rates set forth in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Keith W. Merkel
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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6.
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ADMINISTRATION
E
This Agreement will be administered by the Planning Department. Patrick J.
Alford, Senior Planner, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license •
during the term of this Agreement.
4 i
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnfed Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
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the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction of
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
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to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
• 2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit
for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
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D. Endorsements. Each general liability and automobile liability insurance •
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers. .
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
B. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
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subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing or
graphic produced (hereinafter "Documents'), prepared or caused to be prepared
. by Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
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Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Access, or and /or Excel. All digital maps shall be provided in the
State Plane Coordinate System NAD83 Feet Zone VI (1991.35 Epoch OCS GPS
Adjustment) and in an compatible format (e.g., .SHP, .DWG, .DXF). All documents and
data must be formatted for the City's computer hardware and software and delivered to
the City on CD -ROM.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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21. INTELLECTUAL PROPERTY INDEMNITY ,
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Consultant's drawings and specifications provided
under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
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23. WITHHOLDINGS
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City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees 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 foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
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27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Patrick J. Alford, Senior Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3235
Fax: 949-644 -3229
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Keith W. Merkel, Chief Ecologist
Merkel & Associates, Inc.
5434 Ruffin Road
San Diego, CA 92123
Phone: 858 - 560 -5465 .
Fax: 858 - 560 -7779
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
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0 29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
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36. EQUAL OPPORTUNITY EMPLOYMENT 0
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
4 By:
City Attorney Tod W. Ridgeway,
City of Newport Beach Mayor
for the City of Newport Beach
ATTEST: Merkel & Associates, Inc.
By: By:
LaVonne Harkless Keith W. Merkel
City Clerk Principal Consultant
Attachments: Exhibit A — Statement of Qualifications
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M TABLE OF CONTENTS
TABLE OF CONTENTS
1.0 INTRODUCTION ............................................................................................................................
............................1 -1
DOCUMENTOVERViEW .......................................................................................................................
............................... 1 -1
MERKEL& ASSOCIATES, INC ..............................................................................................................
............................... 1 -1
2.0 QUALIFICATIONS AND EXPERIENCE ....................................................................................
............................2 -1
BIOLOGICAL ADVISORY SUPPORT .......................................................................................................
............................... 2 -1
BIOLOGICAL DOCUMENT REVIEW AND PREPARATION ........................................................................
............................... 2 -2
MEETING AND HEARING ATTENDANCE ...............................................................................................
............................... 2 -2
FIELDINVESTIGATIONS .......................................................................................................................
............................... 2 -2
RELEVANT PROJECT EXAMPLES ......................... ....................................................................................... :........................ 2 -3
San Diego River Natural Resource Management Plan ......................................................................
............................2 -4
San Mateo Bridge Emergency Repairs and Tidewater Goby Reintroduction . ..............................................................
2 -5
Batiquitos Lagoon Enhancement Project Long -term Biological Monitoring and Pilot Vegetation Program ................2 -6
Coastal Surveillance Program for the Invasive Green Algae, Caulerpa taxifolia, in High Risk Waters of Southern
California........................................................................................................................................
............................... 2 -7
Mission Bay Shoreline Protection Project and Marine Resource Inventories ..... .... .... ......
...... ...................................... 2 -8
Famosa Slough Enhancement Plan Wetland Treatment Marsh Basins ...............................
... ....................................... 2 -9
3.0 LOCAL EXPERIENCE ....................................................................................................................
............................3 -1
NEWPORTBAY ....................................................................................................................................
............................... 3 -1
REGIONALCOASTAL PROJECTS ...........................................................................................................
............................... 3 -1
4.0 KEY PERSONNEL ... ............................ --- ......................... ..................................................
.......... ............................ 4 -1
5.0 COMPENSATION ..... ... ..................... .................................. ........................................................
.... ............................ 5 -1
6.0 REFERENCES ............ ........................... ... ........................ .............................................................
.. . ................. .......... 6 -1
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SECTION 1.0 INTRODUCTION
WI_1►Y.R14) )IR M _y IM
DOCUMENT OVERVIEW
Merkel & Associates (M &A) appreciates the
opportunity to respond to the request for
qualifications to provide biological consulting
services to the City of Newport Beach. In the
material that follows we have introduced M&A and
highlighted our strengths to perform the work
requested (Section 1) and have focused on M&A's
relevant qualifications to conduct the required work
(Section 2). We have provided additional
information on projects we have completed in the
City of Newport Beach and nearby coastal cities
(Section 3). We have presented our team
organization and summarized the qualifications of
key staff (Section 4). A summary of our billing rates
and expense schedule has been provided (Section 5).
Finally, we have listed additional reference contacts
that we encourage you to contact regarding our
capabilities and performance record (Section 6).
MERKEL & ASSOCIATES, INC.
Merkel & Associates, Inc. (M &A) is a San Diego -
based environmental consulting firm specializing in
biological resource and regulatory issues. M&A
provides its clients with a full range of ecological
services in terrestrial, freshwater aquatic and marine
environments. The stated mission of M &A is to offer
technical information and insightful solutions to
difficult and complex biological and regulatory
issues.
Merkel & Associates is a firm strongly based on the
reputation of its principals and senior biologists for
technical expertise and client service. The staff of
M &A has extensive experience in the biological
consulting field, offering specialized expertise in
botany, zoology, wetland issues, natural resource -
based legislation, resource and regulatory agency
interface and permitting. M &A has completed over
2,800 projects in southern and central California,
along with additional work conducted in Oregon,
Washington, and Alaska. The company has served
federal agencies, municipalities, special districts, and
utilities through over a dozen as- needed services
contracts. The firm frequently serves as a member of
multi - disciplinary technical teams to address the
needs of complex projects and to provide technical
strengths to general environmental and engineering
November 15, 2003
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firms. M &A's biologists are noted for their
experience in coastal biological resource assessment,
environmental planning, regulatory permitting, and
shallow marine habitat management and restoration
projects.
Since its inception, M&A has been heavily involved
in marine and freshwater aquatic resource
investigations for the purposes of impact assessment,
habitat valuation and mitigation exchanges, as well as
habitat restoration planning. M&A is nationally
recognized for its work in eelgrass restoration.
Further, the firm has conducted considerable
environmental monitoring work for marine dredging
and construction, aquatic discharges, as well as for
habitat restoration programs. Through management
of a number of high profile coastal resource projects,
M&A has gained valuable experience working with
federal, state and local agencies and governments,
and private enterprise and has provided considerable
insight to the field of ecological resource
management in coastal environments.
The M &A terrestrial division specializes in
conducting biological inventories, sensitive resource
studies, and GIS -based assessments to support
technical documents in accordance with California
Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA). M&A has
prepared Habitat Conservation Plans and Natural
Community Conservation Program Subarea Plans for
special districts and public agencies. M &A has
worked extensively on assessing the potential
impacts of land use changes from proposed General
Plan Amendments and/or policy changes for cities
throughout southern California (e.g., Temecula,
Moreno Valley, Escondido, Valley Center, San Juan
Capistrano, etc.). The M &A terrestrial division also
specializes in the preparation of natural resource
monitoring and management plans and watershed
management plans for both public and private entities
(e.g., City of San Diego, City of Escondido, County
of San Diego, San Diego County Water Authority,
California Department of Fish and Game). The
majority of the natural resource management plans
produced by M &A were designed to meet the
requirements of a Habitat Conservation Plan/Natural
Communities Conservation Program Plan. M&A is
also known for following projects through the entire
approval process including attending or leading
public meetings; responding to comments from the
public, resource agencies, and municipalities; and
acquiring permits.
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SECTION 2.0 � OUALIFICATIONS AND EXPERIENCE
2.0 QUALIFICATIONS AND
EXPERIENCE
Merkel & Associates has considerable experience
providing services similar to the terrestrial and
marine environmental consulting support sought by
the City of Newport Beach (City). This section
addresses our ability to provide the particular
services requested in the Request for Qualifications.
Following are summaries of past project experience
and record of performance, providing numerous
client and agency contacts for the work performed.
We strongly urge the selection committee to contact
client and agency references provided in order to
verify past performance records and client
satisfaction.
BIOLOGICAL ADVISORY SUPPORT
In support of the Local Coastal Program
certification process, the City is seeking advisory
assistance for elected and appointed officials on
biological issues, working particularly with the
California Coastal Commission (CCC) and the
Coastal Act. M &A has extensive experience
providing permitting support for coastal projects,
frequently guiding clients through the permitting
requirements of the CCC. Support typically
includes assessment and collection of biological
data in the context of CCC requirements,
preparation of permit documents, and preparation
and graphical support, attendance, and participation
in meetings and CCC hearings.
M &A has worked regularly with federal and state
resource agencies, and non - governmental
organizations on project permitting, habitat
analyses, impact investigations, and restoration
projects. M&A has considerable expertise with
environmental regulations as they apply to
numerous programs and jurisdictions. The firm is
very strong relative to its expertise with the Coastal
Act, Clean Water Act, Federal Endangered Species
Act, Magnuson- Stevens Fishery Management and
Conservation Act, including the 1996 amendments
addressing Essential Fish Habitat.
A notable M &A accomplishment was the
successful CCC permitting of Caulerpa taxifolia
eradication efforts at all current and future affected
sites in Southern California. M &A was involved in
all aspects of the permitting process, from
preparation of application documents, to
interagency coordination, to attendance at CCC
hearings.
M &A staff played the lead role in guiding the San
Mateo Bridge Emergency Repair Project through
the CCC permit process. This accomplishment is
notable due to the highly controversial nature of the
project, requiring the need to obtain an after -the-
fact permit following emergency bridge repair.work
in San Mateo Creek, one of the few locations where
the federally Endangered tidewater goby occurs.
Additional projects where M&A has been
contracted to conduct all steps of the CCC Coastal
Permit process include: Buena Vista Lagoon Weir
Replacement Project (Oceanside), Islandia Marina
in Mission Bay, Fiesta Island Youth Camp in
Mission Bay, Evans Point Riparian Revegetation
Project in Carlsbad, and San Diego Princess Resort
Marina. For each of these projects M &A was also
contracted to prepare all other biological permits
required by the proposed project, typically
including applications to the RWQCB, CDFG,
USFWS, ACOE, and local governments.
M&A has provided biological support to ports in
the preparation or amendment of their Port Master
Plans. The certification process for these plans is
parallel to that of LCP certification, which must
comply with coastal zone management guidelines
and is subject to review by the CCC. In addition to
document preparation, advisory support, and data
collection, M&A's role in these processes often
includes facilitation and coordination with the CCC
and other involved agencies. M &A staff are well
known and respected by clients and agencies for
their skill at moderating constructive discussion and
negotiating technically and biologically sound
solutions to coastal management issues.
M &A also provided biological support and water
quality issues for the North Bay Revitalization and
Redevelopment Project EIR. Through this effort,
M&A presented technical data and facilitated
discussions between City, resource and regulatory
agencies, as well as environmental group
representatives. The focus of the discussions aimed
at developing water quality management
approaches to be incorporated into urban
revitalization planning. M&A worked with other
consultants and the City to prepare environmental
documentation that adequately characterized and
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SECTION 2.0 QUALIFICATFONS AND EXPERIENCE
conditioned plan approvals so that a framework for
compliance was clearly developed.
Work on the North Embarcadero Port Master Plan
Amendment and the homeporting of the U.S.S.
Midway as a floating museum provides a very
recent example of Merkel & Associates
coordination and facilitation role on coastal issues.
For this work, M &A was instrumental in assisting
the Port of San Diego and the San Diego Aircraft
Carrier Museum (SDACM) in securing early
concurrence on environmental mitigation from the
CCC, NMBS, USFWS, CDFG, Port of San Diego,
Audubon Society, as well as others. M &A
conducted informal Endangered Species Act
consultation, Essential Fish Habitat coordination,
and Clean Water Act permitting. Upon completion
of the Coastal Commission certification of the Port
Master Plan amendment, M &A processed a Coastal
Development Permit for the U.S.S. Midway under
this amended Plan. Presently, M &A is working
with the SDACM to implement mitigation for the
project.
M &A staff provided technical advice and support to
the City of Chula Vista for their LCP Resubmittal
EIR Substantial changes to proposed land uses
within the mid - bayfront had prompted the
requirement for new environmental of the LCP
covering the region. M&A staff conducted
biological analyses for this highly - publicized,
political project pursuant to. CEQA requirements.
M &A staff directed marine resource and avian
studies on the Chula Vista Bayfront, providing a
technical report for inclusion in the Draft EIR.
BIOLOGICAL DOCUMENT REVIEW AND
PREPARATION
The firm's biologists have prepared numerous
complex biological studies and assessments, as well
as resource management plans and conservation
plans. M &A regularly reviews environmental
documents and provides insightful responses to
comments and issues raised. Examples of larger
projects demonstrating our extensive experience
providing support in preparing environmental
documents include: City of Vista Subarea Plan,
San Diego County Water Authority (SDCWA)
NCCP /HCP, SDCWA Emergency Storage
Program; SDCWA Capital Improvement Program
and Endangered Species Act Coordination; Otay
November 15, 2003
Water District's (OWD) Habitat Conservation Plan;
OWD's Five -Year Capital Improvement Program
Biological Assessment and Mitigation Program for
the California Gnatcatcher; OWD's Biological
Regulatory Programs and Permitting Manual;
Sweetwater Reservoir Urban Runoff Diversion
System; Mission Bay Shoreline Protection Project;
and the Western Riverside County Multiple Species
Habitat Conservation Plan.
MEETING AND HEARING ATTENDANCE
The City is seeking consultant participation in
meetings with City staff as well as attendance at
CCC hearings, as needed. M &A staff are fully
available to attend all meetings as requested,
regardless of meeting site. On behalf of other
clients we have attended and participated in CCC
hearings in San Diego, Los Angeles, Santa Barbara,
Carmel, San Francisco, and Eureka.
As requested, M &A would be available to
participate in board, commission and committee
meetings. The firm frequently attends such
meetings, both during and after business hours, in
order to provide technical support on biological
issues. M &A staff specialize in providing clear,
understandable explanations to complex, multi-
disciplinary issues and facilitating discussion to
arrive at solutions acceptable to all parties.
FIELD INVESTIGATIONS
M &A is also fully prepared and equipped to
conduct any necessary field investigations if
needed. We have extensive experience conducting
surveys for all aspects of biological resource
assessment including habitat mapping, rare plant
surveys, sensitive fauna surveys, avian surveys,
wetland delineations, and eelgrass mapping. M&A
staff includes 10 individuals permitted to
independently survey for coastal California
gnatcatchers, two individuals permitted to
independently survey for southwestern willow
flycatcher, four individuals permitted to
independently survey for vernal pool branchiopods,
seven individuals permitted to independently survey
for quino checkerspot butterfly, and additional staff
permitted to assist with each of these surveys. Staff
also includes six certified wetland delineators.
2 -2
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SECTION 2.0 — OUALIFICATIONS AND EXPERIENCE
We have a wide array of field sampling and
laboratory analysis equipment A considerable
amount of the marine, estuarine and aquatic work
performed by the firm involves diving or vessel -
assisted sampling efforts. M&A operates 8 vessels,
including four small crafts suited to operating in
shallow bay environments. The firm owns
considerable field sampling gear including
topographic survey equipment, 4 differential Global
Positioning System units, 20 water quality
monitoring units, 3 grab - samplers, sidescan sonar,
fish sampling nets, and other sampling gear.
M &A has an unparalleled degree of experience
providing services for eelgrass surveys, restoration
and monitoring. M &A specializes in assessing
eelgrass resources, assisting in project design to
minimize impacts to eelgrass, and preparing and
implementing mitigation plans for unavoidable
impacts to eelgrass. M &A staff have conducted 38
eelgrass transplants over the past 18 years.
Included among these projects are the largest
transplants completed on the U.S. Pacific Coast.
M &A has conducted approximately 400 eelgrass
surveys covering over 22,000 acres and has
similarly conducted approximately 250 eelgrass
restoration project monitoring reports.
RELEVANT PROJECT EXAMPLES
Of the many projects completed by M &A, six have
been summarized on the following pages. They are
intended to highlight:
• Our comprehensive experience and expertise in
biological sampling in marine, aquatic, riparian,
and terrestrial environments;
• Our extensive experience with resource
analyses including work in avian, benthic,
fisheries, water quality, vegetation, and eelgrass
assessments;
• Our participation in, and understanding of,
regional planning efforts; and,
• Our well - developed relationships with state,
federal, and local resource and regulatory
agencies.
In the Section 3, additional studies that have been
conducted in Newport Beach and surrounding
coastal area are described briefly.
Baseline data
collection at the
Northern Wildlife
Reservefor use in
Crown Point
Shores cordgrass
marsh restoration
Field
coordination with
contractors on
marshplain
grading and
acceptable
Biologists conduct water
quality sampling in a
coastal lagoon in San
Diego County
M&A stafffacilitate
agency input at afield
workshop addressing
project goals and
conceptual
restoration design
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November 15, 2003 2 -3
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.10
SECTION 2.0 OUALIFICA17ONS AND EXPERIENCE
San Diego River Natural Resource
Management Plan
Client:
City of San Diego
Client Contact:
Ms. Robin Stribley
Client Phone:
(619) 525 -8230
Work Period:
2002 -2004
The San Diego River Natural Resource
Management Plan (NRIvT) project area includes
the native and semi -native habitats associated with
the San Diego River from Interstate 5 to Mission
Trails Regional Park, excluding the area from State
Route 163 to Qualcomm Way. M&A leads the
NRMP project team has overseen the compilation
of a biological inventory of the project area, made
determinations regarding existing and proposed
land uses and property ownership, identified
archaeological resources and sewer outfalls and
integrated the existing information into a
Geographic Information System (GIS) database.
A broad view of the NRMP project area within the
greater urbanized context.
M &A is working on the land use and easement
aspects of the plan as well. This includes
researching and locating storm drain facilities in the
project area and coordinating the biological and
land use components of data collection and reviews
and edits the existing and planned land use sections
of the NRMP.
November 15, 2003
M&A biologists conduct surveys within riparian habitat.
The NRMP will identify proposed management
actions and recommendations based on existing
biological, cultural, geological, and hydrological
conditions, current and planned land uses, and
recreational uses within the project area. The
existing conditions outlined above have been
identified and development of management
recommendations is underway. The NRMP
management recommendations will take into
account the public and private ownerships involved
and assign the proposed implementation actions for
MSCP target species and guidelines to the
appropriate management entities. Area specific
management directives will be provided to restore
native habitat and reduce impacts from public use
and adjacency issues. The NRMP addresses agency
jurisdiction and applicable plans; existing physical
conditions; management issues/challenges;
constraints and opportunities; land use proposals;
maintenance, usage, and development guidelines;
mitigation options and guidelines; enhancement and
restoration guidelines; interpretive and research
guidelines; and implementation.
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SECTION 2.0 QUALIFICATIONS AND EXPERIENCE
San Mateo Bridge Emergency Repairs and
Tidewater Goby Reintroduction
Client: North County Transit District
Client Contact: Mr. Tom Lichterman
Client Phone: (760) 967 -2855
Work Period: 1999 -2004
San Mateo Lagoon, located in northern San Diego
County, is fed by San Mateo Creek and is an
intermittently breached coastal lagoon, similar to
the Santa Clara River Estuary. San Mateo lagoon
has intermittently supported a population of
federally endangered tidewater gobies
(Eucyclogobius newbertyt) that have apparently
been extirpated at various times in the past two
decades. Merkel & Associates (M &A) has worked
on evaluating habitat suitability of the Lagoon for
reintroduction of the tidewater goby into San Mateo
Lagoon. In addition, M &A successfully
reintroduced tidewater gobies to the Lagoon in
2000.
During the winter of 1997/1998, the prevailing El
Niiio conditions rendered rainfall events both more
numerous and more severe than normal, creating
conditions of flooding throughout San Diego
county. During this flood period, the San Mateo
Lagoon was nearly tripled in size due to storm delta
outflows and the trestle crossing the lagoon was
severely damaged. The flooding event and
subsequent habitat changes observed at San Mateo
Lagoon in 1997/1998, along with emergency
repairs to the trestle, may have flushed gobies out of
the Lagoon.
M &A was retained to complete continuous
monitoring of emergency trestle repairs, and to
address impacts to the tidewater goby, arroyo toad,
California brown pelican California least tern,
western snowy plover, least Bell's vireo, California
gnatcatcher, and southwestem willow flycatcher
and spearhead efforts for the restoration of the
tidewater goby. Of the species considered, only the
tidewater goby is believed to have been potentially
present within the affected region during the time of
the emergency actions. The loss of fringing marsh
and protected environments for the goby are
considered to be the most critical habitat impacts
which occurred with the storm and trestle repair
work. M &A developed a restoration plan to
mitigate adverse impacts. Following the habitat
Biologists prepare to reintroduce tidewater goby at San
Mateo Lagoon
restoration M&A conducted vegetation mapping,
water quality testing and hydrological analysis prior
to reintroduction of the tidewater goby. Faunal
sampling was conducted using small beach seines
dragged through the flood plain and along the shore
of the creek, and non - native predators were
removed from the lagoon.
In January 2000 approximately five hundred to one
thousand tidewater gobies were transferred from
nearby San Onofre Lagoon to San Mateo Lagoon.
Gobies were collected with small seines at San
Onofre Lagoon and immediately transported to San
Mateo Lagoon for release. The reintroduction has
been successful, effectively reestablishing this
endangered fish to the Lagoon. On -going
population monitoring continues.
Key project elements have included:
• Development of reintroduction plan for
federally endangered species;
• Composition of Biological Assessment;
• California Coastal Commission permit
preparation and processing;
• Management of long -term monitoring.
Including: vegetation mapping, lagoon
profiling, water quality testing, goby surveys,
and exotic species removal;
• Development and oversight of a specific
restoration plan for San Mateo Lagoon;
• Rapid response to an emergency situation; and,
• Coordination with North County Transit
District, U.S. Coast Guard, U.S. Army Corps of
Engineers, Federal Railroad Agency, U.S Fish
and Wildlife Service, U.S. Marine Corps —
Camp Pendleton, Environmental Protection
Agency, Cal State Parks Department.
November 15, 2003 2_5
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SECTION 2.0 1W QUALIFICATIONS AND EXPERIENCE
Is Batiquitos Lagoon Enhancement Project
Long -term Biological Monitoring and Pilot
Vegetation Program
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Client:
Port of Los Angeles
City of Carlsbad
Client Contact:
Dr. Ralph Appy
Client Phone:
(310) 732 -3497.
Work Period:
1997 -2007
Batiquitos Lagoon is a coastal wetland in Carlsbad,
California that was restored to a tidal system in
December 1996 after 90 years of being largely non-
tidal. Merkel & Associates (M &A) was retained to
perform the long -term biological monitoring
program for the'lagoon. M &A has been monitoring
the development of estuarine communities since the
restoration of tidal influence and has completed the
fifth year of monitoring for the 10 year long project.
Batiquitos Lagoon offers a unique opportunity to
explore the roles of environmental influences on the
development of natural communities and the
dynamics of shallow marine and adjacent coastal
upland habitats. Monitoring elements include:
annual vegetation mapping and coastal salt marsh
recovery monitoring, quarterly avian monitoring,
quarterly fish community sampling, biannual
benthic and epibenthic surveys including grain size
sediment analyses, and water quality sampling,
along with bathymetric mapping. In addition,
M &A has implemented a pilot vegetation program
for eelgrass and cordgrass communities within the
lagoon.
Work involves the preparation of quarterly and
annual reports and presentation of data to resource
and regulatory agencies and the public. Findings
from the project are presented during annual
interagency meetings, and at regional scientific
meetings. Staff have led field workshops with
environmental and community groups, and schools
to discuss the restoration, biology, and future of the
lagoon.
Subsequent to the restoration of tidal flow in
Batiquitos Lagoon, M&A implemented pilot
restoration programs for eelgrass and cordgrass
communities. In 1997, suitable habitat for
restoration was identified, and experimental plots of
vegetation were transplanted. These experimental
plots were monitored in order to gain information
November 15, 2003
Biologists prepare to measure a California
needlefish (Strongylura exilic) captured with the
purse seine.
that would improve success in future restoration
efforts both within Batiquitos and in other similar
systems. Vegetative restoration in the lagoon has
had substantial success; eelgrass now covers much
of the suitable habitat within the lagoon and the
cordgrass communities are known to support light -
footed clapper rail (Rallus longirostris levipes), a
federally endangered species.
A final element of the project has included creation
of an integrated spatial and relational database for
management and analysis of all Batiquitos data
The project team has worked to incorporate
millions of bits of field data into this database for
ecological information management and analysis.
Data can be summarized and linked to spatial
information (such as aerial photographs) to display
species distributions or density across. study
regions.
2-6
Benthic sampling in restored eelgrass beds at
Batiquitos Lagoon allows M&.4 biologists to
monitor the success of Lagoon restoration.
a5
SECTION 2.0 MW QUALMCMIONS AND EXPERIENCE
Coastal Surveillance Program for the
Invasive Green Algae, Caulerpa taxifolia, in
High Risk Waters of Southern California
Client: California Department of Fish
and Game
Client Contact: Mr. Bill Paznokas
Client Phone: (858) 4674218
Work Period: 2000 -2005
Caulerpa taxifolia is an extremely invasive green
alga that has devastated ecosystems of the northern
Mediterranean Sea. Caulerpa has been banned
from importation into the U.S., but is still widely
available in the aquarium trade. However, the
species was not identified in Western Hemisphere
waters until infestations were discovered in Agua
Hedionda Lagoon and Huntington Harbor (S.D. and
Orange Counties).
Caulerpa taxifolia displacing eelgrass at Agua
Hedionda Lagoon, Carlsbad, CA.
M&A is an integral part of the Southern California
Caulerpa Action Team ( SCCAT), a group
assembled as a public /private partnership with the
goal of combating the introduction and spread of
Caulerpa. The SCCAT includes representatives of
numerous public and resource agencies, scientific
researchers, and private interests including
SWRCB, USFWS, Cabrillo Power I, LLC,
NOAA/NMFS, CDFG, USDA, CDFA, and the U.S.
EPA.
Under the guidance of SCCAT, M &A developed a
Rapid Response Eradication Program for known
infestations and a Surveillance Program for high
risk waters. Other work completed by the SCCAT
and M&A includes media relations and a large -
scale public education and outreach program. M&A
has also implemented the first phases of eradication
at Agua Hedionda Lagoon and Huntington Harbor
including field surveys, isolation and containment
of Caulerpa, and controlled herbicide application.
In order to best allocate limited fiscal resources,
M &A and SCCAT evaluated areas along the coast
for risk of infestation, using information collected
from known infestations and the Mediterranean
experience as a guide. A total of 75 sites high risk
sites (including coastal wetlands, harbors, outfalls,
offshore reefs and kelp beds) were then prioritized
based on predicted level of risk of infestation and
spread. Field marine teams equipped with dGPS,
sidescan sonar, towed camera arrays, aerial surveys,
and SCUBA divers have been dispatched to survey
the highest risk sites. All major water bodies in
Orange County have been surveyed, including
Newport Bay.
All data collected (side scan images, video tapes,
diver notes) will be incorporated into a Microsoft
Access and ESRI ArcView structured relational and
spatial database. The database will allow for
ongoing future management updates by recourse
agencies. A web -based public interface is being
developed which will provide updated database
information using ARC /IMS to serve spatial data.
The web page is also an element of the SCCAT
public outreach program and will allow recreational
and research SCUBA divers enter data regarding
recent dives. A habitat classification system is being
developed to assist divers with identification of
common habitat types of southern California and
associated species to refine data analysis. Data are
being incorporated into the project database for
future resource management users.
Southern California sites surveyed by Merkel &
Associates for Caulerpa taxifolia.
November 15, 2003 2 -7
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SECTION 2.0 ' QUALIFICAMONS AND EXPERIENCE
Mission Bay Shoreline Protection Project
and Marine Resource Inventories
Client: City of San Diego, Dept. of Parks
and Recreation
Client Contact: Ms. Robin Stnbley
Client Phone: (619) 525 -8230
Work Period: 1988 -2001
As part of overall efforts to stabilize erosion within
Mission Bay, M&A staff provided biological
consulting services to the City and its consultants
from project inception through construction phases.
The work involved numerous project and mitigation
areas, impact assessment and endangered species
coordination needs, mitigation planning, and
multiple agency involvements as well as inter-
departmental coordination requirements. As a
result, this project indicates the wide range of
services and capabilities of the M &A.
M &A staff has managed several concurrent
activities with two different project managers at the
City and has successfully completed habitat
mapping using sonagraphic, digital imaging, and
computer mapping. Further efforts have included
both environmental document preparation and long-
term quantitative biological studies on a pilot beach
replenishment project, involving quarterly fish and
benthic sampling, eelgrass monitoring, and
sediment grain size analyses, as well as numerous
public hearings and workshops on this high profile
and often controversial project.
Due to timing constraints and staff shortages at the
Corps, M &A prepared all permitting documents
including the required environmental assessment
for completion of the section 404/10 permits for the
pilot study and Phase 11 work. Additional work
included City staff support for processing City
Planning Department approvals and required
Coastal Commission permits. M&A is providing
on -going biological monitoring of the construction
and is conducting work under a contingency budget
to provide on -call services for permit modifications
and agency coordination, additional testing
requirements, and other as- needed services which
may arise during construction. This on -call
availability has been extremely valuable in
maintaining construction schedules and ensuring
conformance with permits.
November 15, 2003
M&A has prepared numerous mitigation and
restoration plans for the project including eelgrass,
coastal salt marsh, and upland habitats. Work has
included concept restoration designs, agency and
task force coordination, and final design
preparation. M&A oversaw the construction and
planting effort for the development of an
approximately 7 acre coastal salt marsh. M &A will
also provide monitoring and maintenance for the
restoration effort.
"M
Image of Mission Bay showing results of 1997
side scan eelgrass survey. Dark green polygons
represent 76 %100% areal coverage ofeelgrass.
Mid -green and light green polygons represent
26 % -75 %and <25% areal coverage,
resepecttvely.
A.1
SECTION 2.0
Famosa Slough Enhancement Plan Wetland
Treatment Marsh Basins
Client:
Client Contact:
Client Phone:
Date Awarded:
Work Period:
City of San Diego and
Friends of Famosa Slough
Jim Peugh
(619) 224 -4591
1998
1999 -2001
The Famosa Slough is an urban, coastal wetland
near the central portion of San Diego, surrounded
by residential and commercial uses. Because of its
unusual setting, the Slough has withstood many
abuses. Yet it is this uniquely visible setting that
has also brought the plight of the Slough to the
attention of citizens groups, the Coastal
Conservancy, and the City of San Diego. M &A,
was re part of a team of scientists, engineers,
hydrologists and landscape architects that were
involved in the preparation of restoration,
preservation, and enhancement plans for Famosa
Slough. The primary goals of the Famosa Slough
Enhancement Plan were:
to provide a natural habitat and wildlife refuge
by restoring and maintaining Famosa Slough as
a functioning, healthy wetland ecosystem;
to educate the public by identifying Famosa
Slough as a community resource with both
aesthetic and educational functions; and,
to provide for storm water pollution abatement
through the establishment of water wetlands,
tidal flow improvements, drainage channels,
and construction of an urban runoff system to
divert dry weather runoff into the sanitary
system.
Project design included the evaluation and
documentation of existing conditions, identification
of enhancement opportunities and constraints,
development of refined statements of goals and
objectives, and the development of enhancement
alternatives, conceptual designs, phasing and cost
estimates. The plan has been praised by the various
agencies and public and private interest groups
involved in the process. The project received an
American Planning Association award for project
design.
Recent work to implement the Plan has focused on
construction of a series of wetland treatment
AND EXPERIENCE
the southern end of Famosa Slough.
marshes and ponds to capture and treat urban run-
off within the Slough and curb inputs of sediments
and contaminates. Project design included the
evaluation and documentation of existing
conditions, opportunities and constraints
identification, development of refined statements of
goals and objectives, and the development of
enhancement alternatives, conceptual designs,
phasing and cost estimates. M &A worked closely
with the City and Friends of Famosa Slough to
stretch contract funds using volunteers and donated
materials. This work, completed in the summer of
2000, received an AEP /APA environmental project
award.
Other project work has included:
• Assistance with permit processing and
development of memoranda with regulatory
agencies.
• Development of a system to allow controlled
tidal circulation into the Slough, increase
wetland habitat, and reduce the impacts of
storm water runoff
• Development of a monitoring program to study
biological productivity and tidal flow
• Coordination of public meetings and
organization of public response to the proposed
plan
• Creation of a user- friendly report detailing the
history of the Slough, the components of the
enhancement plan, and the requirements for the
implementation of the plan
• Helping community groups implement ongoing
Slough maintenance and educational outreach
Programs _
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November 15, 2003 2 -9
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SECTION 3.0 LOCAL EXPERIENCE
3.0 LOCAL EXPERIENCE
Merkel & Associates has worked on numerous
projects in Orange County, including several within
the City of Newport Beach. We have worked in
every coastal community in Orange County,
including San Clemente, Dana Point, San Juan
Capistrano, Laguna Beach, Laguna Niguel,
Newport Beach, Huntington Beach, and Seal
Beach.
NEWPORT BAY
Most recently, M &A provided biological services
for the U.S. Army Corps of Engineers for the
Newport Bay Harbor Maintenance Dredging
program completed in October 2003. M&A
performed pre - dredge surveys for eelgrass (Zostera
marina) at five locations throughout the bay. Based
on the survey results M &A was able to assist the
dredger in realigning the dredge footprint to reduce
impacts to eelgrass. Also prior to the dredging,
M &A conducted NMFS and CDFG protocol
surveys for the invasive marine alga Caulerpa
taxifolia.
In a related project, M &A designed an Eelgrass
Protection Plan to be implemented during the
dredging operations to minimize impacts to
adjacent eelgrass beds. Following completion of
dredging a post- dredge eelgrass survey, along with
an impact analysis and mitigation recommendations
was completed.
Under another contract to CDFG and NMFS,
Merkel & Associates surveyed all of Lower
Newport Bay for C. taxifolia in 2001. The
investigations were conducted using sidescan sonar,
remote cameras and SCUBA divers. Fortunately,
this highly invasive seaweed was not detected in
Newport Bay.
Merkel & Associates worked with MEC in 1997 to
characterize the fish communities of Upper
Newport Bay prior to dredging associated with the
enhancement projects there.
In 1996, M &A conducted a biological and water
quality assessment of the Upper Newport Bay
Sediment Control and Enhancement Project, Unit
III Dredging Program for Helix Environmental and
the City of Newport Beach. This assessment
investigated impacts to a wide range of habitats in
Upper Newport Bay, sensitive plant and animal
November 15, 2003
species, and water quality. M &A provided
recommendations to avoid or mitigate impacts to
biological communities, sensitive species and water
quality. Several years earlier, M &A staff assisted
the County of Orange in preparation of the Upper
Newport Bay Master Plan.
REGIONAL COASTAL PROJECTS
Other projects completed by M&A in nearby
coastal communities include:
• San Onofre State Park Sensitive Species
Surveys- 2002 (CA State Department of Parks
and Recreation).
M &A conducted surveys for the coastal California
gnatcatcher and sensitive, rare, threatened and
endangered plant species within approximately 42
acres of coastal bluff/coastal sage scrub at San
Onofre State Beach.
• San Juan Capistrano General Plan
Amendment EIR— 1999 (Cotton Beland
Associates for the City of San Juan Capistrano)
M &A prepared the biological resources section of
this EIR, evaluating the effects of proposed land use
designations on the environment and project
compliance with the proposed Orange County
Southern Subregion Natural Community
Conservation Plan (NCCP).
• Irvine Spectrum General Plan Amendment/
Zone Change EIR— 2000 (Cotton Bridges
Associates)
M &A conducted a biological resources analysis for
this EIR. Biological resources were mapped in the
field and regional databases were researched.
Potential direct, indirect, and cumulative impacts to
biological resources resulting from the proposed
GPA/zone change were addressed and
recommendations and mitigation measures were
included in order to help the project avoid some of
the potential impacts or minimize others to a level
that would be considered less than significant.
• San Clemente Rail Trail Biological
Constraints Analysis— 2002 (CBA and the
City of San Clemente)
As part of compliance with CEQA and NEPA
standards, a proposed beach trail situated in the
railroad corridor was surveyed by M&A. The
biological assessment included a wetland
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SECTION 3.0 0 1W LOCAL EXPERIENCE
delineation, mapping of sensitive species, an
analysis of the impacts of the project, and
recommendations to reduce or mitigate impacts.
Surveys were also conducted for fairy shrimp in
suitable habitat at the site.
• Biological Assessment for San Mateo Bridge
Emergency Repairs, Camp Pendleton - 1999
(North County Transit District)
M &A prepared the Biological Assessment (BA) for
the San Mateo Bridge Emergency repairs,
addressing impacts to sensitive habitats and species,
and identifying mitigation opportunities and
actions. It included a plan to reintroduce the
Tidewater Goby to the San Mateo Lagoon. The BA
was reviewed and conditionally approved by
Environmental Protection Agency (EPA), USFWS,
Camp Pendleton, and the California State Parks
Dept.
• Huntington Harbour Caulerpa taxifolia
Eradication Program — 2000 - present (Santa
Ana Regional Water Quality Control Board)
M &A is currently conducting the eradication efforts
in the portion of Huntington Harbour that is infested
by C. tazifolia. M&A has been responsible for
managing all aspects of the multi- million dollar
effort, including processing of the required action
permits, designing and implementing the
eradication plan, as well as having a major role in
outreach and research efforts being undertaken.
• Rancho Capistrano EIR - 1999 (North County
Transit District)
M &A conducted a biological resource analysis in
support of EIR preparation. Existing County land
use and vegetation databases were queried to find
existing information and identify biological data
gaps. Fieldwork included surveys of
wetlands/riparian areas and potential wildlife
corridors and focussed surveys for California
gnatcatcher, least Bell's vireo, and southwestern
willow flycatcher. Biological resources were
analyzed with regard to quality and wildlife habitat
value. Habitats were assessed with a special
emphasis on unique and sensitive habitats identified
in the Orange County NCCP or applicable Subarea
Plans.
November 15, 2003 3 -2
• San Clemente- Ocean Point Resort and Spa
— 2000 (Cotton Beland Associates)
M&A conducted a biological resources assessment
for the preliminary phase of the Ocean Point Resort
and Spa development design. Included on the site
are beach bluffs. The investigations included
surveys for rare plants, protected animal species,
and sensitive habitats.
• Binion Estates Property Maritime Chaparral
Mitigation - 1996 (City of Laguna Niguel).
M &A located and evaluated potential
enhancement/restoration sites and opportunities for
Southern Maritime Chaparral, working closely with
the City of Laguna Niguel Community
Development Department staff, the project
proponent, and a number of land owners and public
land managers with potentially suitable restoration
sites. In addition M&A facilitated a scrub oak and
biological resource protection program for fuel
management programs at the site.
• Ports of Long Beach and Los Angeles
Biological Baseline Study of San Pedro Bay —
2000- 2001 (MEC for the Ports of Long Beach
and Los Angeles)
M &A served as task leader for field studies
pertaining to distribution of kelp and eelgrass
communities in San Pedro Bay. M &A also
conducted avian monitoring surveys and fisheries
sampling for the effort, and was responsible for data
analysis and reporting for avian, kelp, and eelgrass
elements.
• Laguna Niguel- O'Hill Property - 1997 (City
of Laguna Niguel)
M &A prepared a biological constraints analysis for
the 41 acre O'Hill Property. This site contained
high quality Diegan Coastal Sage Scrub and
sensitive species of plants and animals. Survey also
included surveys for the 4 pair of coastal California
gnatcatchers. The analysis included an impact
assessment and recommended mitigation measures.
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SECTION 4.0 0 qW KEY PERSONNEL
4.0 KEY PERSONNEL
This section provides brief resumes for key staff
available to provide biological consulting services to
the City of Newport Beach. Full resumes are
included at the end of this document.
Keith W. Merkel, Principal Biologist
Mr. Merkel has over 21 years of professional
experience and has coordinated, conducted, or
assisted in over 2,800 biological investigations
performed for a broad range of public and private
clients. Mr. Merkel is a hands -on principal and is
recognized for his ability to develop solutions to
difficult ecological problems. He has worked
extensively I within southern California,
predominantly providing services to public agencies
and public and quasi- public utilities dealing with
mitigation banking, habitat assessment and
restoration, permit negotiation, and biological impact
evaluation. He has also managed the completion of
permitting on well over 100 projects involving
federal and state wetland permits, coastal
development permits, and/or endangered species act
issues.
He is widely recognized as an expert on Section 404
of the federal Clean Water Act, Section 1600 et seq.
of the California Fish and Game Code, and the
California and federal Endangered Species Acts. He
is well- versed in resource and regulatory agency
mandates, guidelines, and policies as well as the legal
tests of various regulatory boundaries. Furthermore,
he is experienced in completing environmental
analyses under both NEPA and CEQA. He has
developed a long - standing professional relationship
with a wide variety of agencies and staff at multiple
levels. He is also well versed in the Migratory Bird
Treaty Act, the California Coastal Act, and has
experience with the requirements of the National
Pollutant Discharge Elimination. System (NPDES).
Mr. Merkel has frequently worked as an extension to
regulatory agency staff to assist in document
preparation including the completion of draft
environmental documents and permits for the ACOE,
preparation of draft BOs issued by the USFWS, as
well as section 2081 MOUs issued by CDFG
pursuant to state and federal endangered species acts.
In addition, he has processed numerous take
authorizations pursuant to subregional and subarea
NCCP/HCPs within San Diego County and has been
November IS, 2003
4 -1
an author of many such plans. He participates in all
aspects of CCC certification and permit processes at
M &A.
Mr. Merkel is respected in the biological and
regulatory community, earning strong support from
agency staff, environmental groups, and technical
experts. On the basis of nominations by the U.S.
Army Corps of Engineers, Waterways Experiment
Station, Mr. Merkel has served on a National
Academy of Sciences/National Research Council
technical advisory panel to the Committee on the
Role of Technology in Marine Habitat Protection and
Enhancement. Mr. Merkel has also served as an
advisor to the Army Corps of Engineers and the
Oregon State Lands Commission in their evaluation
of suitable restoration sites for marine resource
mitigation projects. In addition, he has worked with
state and federal resource and regulatory agencies in
the development of resource management and
mitigation policies. He has authored numerous
papers and spoken at several national conferences on
the topic of ecological impact assessment and marine
habitat restoration. He was requested by the
Congressional Joint Powers Commission for Base
Realignment to serve on the Environmental
Technical Advisory Committee for base closures in
California. Mr. Merkel is a Corps of Engineers
identified wetland delineation instructor, and is an
active member of the Society of Wetland Scientists
and Association of State Wetland Managers.
As principal biologist at M&A, he has coordinated
biological investigations, managed numerous
subconsultants, and designed and implemented major
marine resource programs as well as coastal habitat
restoration projects. He has conducted work in
nearly every major coastal drainage basin and lagoon
in the Southern California Bight. He has experience
with marine and aquatic habitat ecological studies
and habitat enhancement programs in nearly every
coastal bay and estuay system from the
U.S./Mexican Border to Morro Bay in addition to
systems in central and northern California, Oregon,
Washington, and Alaska.
Rachel Woodfield, Project Manager
Ms. Woodfield has 8 years of professional field
biological experience in southern California and is a
Senior Biologist at Merkel & Associates. Her work
has focused largely on coastal salt marsh, eelgrass,
and marine resource issues. Currently Ms.
31
SECTION 4.0 KEY PERSONNEL
Woodfield is the project manager of the effort to
eradicate the exotic invasive alga, Caulerpa taxifolia,
from two infested bays in southern California. She
coordinates and participates in all aspects of the
project, including agency presentations, permitting,
data management, research and development,
fieldwork, outreach, and reporting. Additionally, her
work at M &A focuses on biological monitoring in
coastal waters. She has conducted extensive
investigations in marine systems, and was a
participant in the 2000 biological baseline study
elements of kelp, eelgrass, fisheries, and avian
resources in Los Angeles and Long Beach Harbors.
She also served as the project manager for a three -
year study of the fish communities in south San
Diego Bay. She has extensive water quality
monitoring experience including three years of data
collection for a study to determine environmental
controls on eelgrass distribution in San Diego Bay.
Ms. Woodfield frequently conducts work in Orange
County and the City of Newport Beach. In 2002, she
was invited by the City of Newport Beach Harbor
Resources Department to provide a C. taxifolia
training workshop at the City. Her unparalleled
understanding of the surveying, reporting, and
permitting protocols for C. taxifolia surveillance
allowed her to help City staff, dredgers, marine
contractors, and biologists to become familiar with
the topic and better understand the CDFG and NMFS
permit requirements. The City of Newport Beach has
adopted the same permit requirements and requires
that all surveyors attend this training. Ms.
Woodfield also coordinated and presented at the
Caulerpa taxifolia Outreach Workshop at the
Newport Harbor Nautical Museum, educating coastal
city staff, environmental groups, and teachers about
C. taxifolia permitting requirements and outreach
opportunities.
In 2001, Ms. Woodfield worked integrally with the
Orange County Coast Keepers .on their volunteer
effort to survey Upper Newport Bay for C. taxifolia.
She provided training and survey design support,
ultimately incorporating their negative survey results
into the coastwide C. taxifolia surveillance database
that she manages. She also directed the M&A
survey of Lower Newport Bay for C. taxifolia using
SCUBA divers and sidescan sonar.
Ms. Woodfield recently managed all aspects of the
biological support for the Newport Bay Harbor
Maintenance Dredging. Based on mapped eelgrass
November 15, 2003
4 -2
distribution, she assisted the dredger in re- designing
the dredge plan to minimize impacts to eelgrass.
As manager of the C. taxifolia eradication program,
Ms. Woodfield has worked in Huntington Harbour
for three years. She was responsible for preparing
and negotiating all permitting applications required
for this unprecedented project. This and other work
has also facilitated her productive working
relationships with many agencies including the CCC,
CDFG, USDA, CDFA, USFWS, and RWQCB. She
works regularly with coastal city staff members,
preparing update presentations for council meetings,
attending city committee meetings and workshops,
supporting city staff through technical advice and
document and graphic preparation. She has prepared
biological resource assessments and permit
applications for the CCC in Huntington Harbour,
Oceanside and Carlsbad.
She shows a deep commitment to all of her projects
and strives to successfully complete her projects in
the most efficient and cost - effective manner possible.
Melissa A. Booker, Senior Biologist
Ms. Booker has worked in wildlife biology for the
past 12 years and currently serves as Terrestrial
Division Manager at M&A. Ms. Booker is a
Certified Wildlife Biologist by the Wildlife Society.
She has managed the biological investigations for
many large -scale projects and is an experienced field
biologist with expertise in wildlife conservation in
the southern California coastal region. Ms. Booker
has extensive experience, which includes field
investigations of biological resource issues,
endangered species surveys, impact assessment and
management, mitigation planning and monitoring,
and regulatory agency coordination and permitting.
Ms. Booker is experienced in California Coastal
Commission permit processing. She successfully
guided the San Mateo Bridge Emergency Repair
project through all phases of the CCC permitting, a
notable achievement due to the complex and
controversial nature of the project. She also assisted
in the permitting of the Mission Bay Fiesta Island,
including attendance at the CCC hearing, where the
project was ultimately approved.
Ms. Booker is well versed in biological assessment
under various environmental policies and regulatory
programs, including the California and federal
Endangered Species Acts, the Clean Water Act, and
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SECTION 4.0 KEY PERSONNEL
various sections of the California Fish and Game
Code. Ms. Booker is recognized for her ecological
studies and monitoring of avian species. She is
federally permitted to conduct surveys for the
California gnatcatcher. Additionally, Ms. Booker is
federally permitted to survey for the southwestern
willow flycatcher and quino checkerspot butterfly.
She has shown particular expertise in managing
projects which have required extensive coordination
between multiple agencies and interpretation of local,
regional, state, and federal regulations and policies.
Craig H. Reiser, Senior Botanist
Mr. Reiser has 16 years of experience as a botanist
and wildlife biologist. Mr. Reiser is an expert on
plant communities of southern California and is
author of The Rare Plants of San Diego County. He
has completed vegetation mapping and rare plant
surveys for more than 500 projects and served as lead
biologist for the San Diego County Water Authority's
Capital Improvement Program, which addressed
impacts and mitigation to sensitive and endangered
species along 108 miles of pipelines and facilities.
He is qualified to perform focused protocol surveys
for sensitive species such as California gnatcatcher,
least Bell's vireo, southwestern willow flycatcher,
fairy shrimp, and Belding's savannah sparrow.
November IS, 1003
4 -3
55
SECTION 5.0 COMPENSATION
5.0 COMPENSATION
It is preferred that all services provided by Merkel
& Associates to the City of Newport Beach be
billed on a time and materials basis. We would be
happy to provide cost estimates for specific tasks
prior to their initiation. Invoices would be
submitted monthly for services performed. A
summary of detailed labor hours and other direct
project costs would be included in each invoice.
SCHEDULE of BILLING RATES
Rates outlined below are the standard billing rates for
2003 for various staff. Rates for specialized
sampling gear can be provided if required. Work
conducted after July 2004 would be subject to
standard rate schedule modifications.
Hourly
Rate
Principal Biologist
$165
Project Manager
$95
Senior Biologist
$80
Certified Wetland Delineator
$72
Associate Biologist
$65
GIS Specialist
$60
Marine Technician
$58
Biological Technician
$50
Clerical/Admin.
$42
Mileage $0.40 /mi
Small Survey Vessel $215 /day
Large Survey Vessel $350 /day
SCUBA Diving Equipment Fee $55 /day
Copies — B &W $0.10 ea.
Copies — Color $1.50 ea.
November 15, 2003
5 -1
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SECTION 6.0 REFERENCES
6.0 REFERENCES
We have provided four points of contact that
can attest to our technical . capabilities,
professional ethics, and administrative
integrity. We strongly urge the selection
committee to contact client and . agency
references provided below, as well as clients
noted in the project descriptions in Section 2,
in order to verify past performance records
and client satisfaction.
Client Name: County of San Diego,
Department of Planning and
Land Use
Contact: Ms. Maeve Hanley
Phone: (858) 495 -5254
Client Name:
NOAA Fisheries, Southwest
Regional Office
Contact:
Mr. Robert Hoffman
Phone:
(562) 9804043
Client Name:
BRG Consulting (Formerly
with CBA)
Contact:
Mr. Tim Gnibus
Phone:
(619) 298 -7127
Client Name:
Port of Los Angeles
Contact:
Dr. Ralph Appy
Phone:
(310) 732 -3497
Client Name:
Department of Navy, SW Div.,
Natural Resource Branch
Contact:
Mr. Mitchell Perdue
Phone:
(619) 532 -3744
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November 15, 2003 6 -1
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Merkel & Associates, Inc.
KEITH W. MERKEL
PROFESSIONAL HISTORY
Principal Consultant, Merkel & Associates, Inc. 1994- present. Currently providing biological services
to a host of public and private clients including the City of Chula Vista, City of San Diego Park &
Recreation and Water Utilities Departments, the City of Vista, the San Diego County Water Authority,
Otay Water District, Sempra Energy, SAIC, Port of Oakland, Port of Los Angeles, and the U.S. Navy.
Chief Ecologist and Corporate Officer, Pacific Southwest Biological Services, Inc. 1985 -1994.
Principal responsible for biological consulting division and management of regional -scale project for the
firm. Mr. Merkel has coordinated, conducted or assisted in ecological and zoological work on over 2,500
biological investigations in California Arizona, Washington Oregon and Alaska.
Tuolumne River Fisheries Research Team, Environmental Impact Planning, Corp. 1984. Work
included extensive monitoring of riverain habitats, fish populations, fisheries microbabitat utilization, and
in- stream flow measurements. Assisted in modeling of hydro - project impacts on fisheries for FERC
licensing.
EXPERIENCE
Mr. Merkel has 19 years of professional experience and has coordinated, conducted, or assisted in over
2,800 biological investigations performed for a broad range of public and private clients. Mr. Merkel is
a hands -on principal and has served as a senior scientist and manager for such projects as the SDCWA
Optimal Storage Study and Emergency Storage Program, SDCWA/MWD San Diego Pipeline No. 6, the
Otay Water District (OWD) CIP Endangered Species Consultation, and numerous other OWD projects.
He has coordinated biological investigations, managed numerous subconsultants, and designed and
implemented major biological resource programs as well as habitat restoration projects. He has experience
with marine, aquatic and terrestrial habitat ecological studies and habitat enhancement programs from the
U.S./Mexican Border to Morro Bay in addition to systems in central and northern California, Oregon,
Washington, and Alaska.
Having served as the coordinator of regulatory permits and activities for a large biological consulting
firm, Mr. Merkel is widely recognized as an expert on the federal Clean Water Act and has further
expertise with the National Pollutant Discharge Elimination System (NPDES) requirements. He is well
versed in programs and practices under the California Fish & Game Code, as well as the Coastal Act,
CEQA/NEPA, and state and federal Endangered Species Acts. He has also been instrumental in the
development of numerous creative techniques to provide increased flexibility in construction timing and
environmentally sound construction methods. He has acted in an advisory capacity to the U.S. Army
Corps of Engineers, Portland District and the Oregon Division of State Lands in their evaluation and
development of suitable restoration sites for habitat mitigation. In 1991, he was appointed as a technical
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advisor, by the recommendation of the ACOE -WES, to the National Academy of Sciences - Marine
Board, National Research Council: Committee on the Role of Technology in Marine Habitat Protection
and Enhancement.
Mr. Merkel has an educational and professional background in ecology, ecological assessment, and
habitat restoration. Further, he has developed and been involved in the implementation of several large
mitigation, restoration and enhancement programs. Over the past several years, Mr. Merkel has
conducted dozens of projects relating to habitat evaluation and mapping, impact assessment, restoration
designs, restoration implementation and monitoring and is nationally recognized for his restoration
achievements which often serve as successful case studies for other restoration programs. Mr. Merkel
has authored several papers on the subjects of environmental regulations, environmental assessment and.
habitat restoration. He has developed a long standing working relationship with the Corps of Engineers,
National Marine Fisheries Service, Environmental Protection Agency, U.S. Fish and Wildlife Service,
and California Department of Fish and Game. Mr. Merkel is also managing a number of regulatory
agency coordination and environmental policy development efforts for public agency clients. These
include development of mitigation banking programs, providing third party consistency review, and
preparation of internal guidance manuals for compliance with existing regulatory programs.
SIGNIFICANT PROJECTS
San Diego County Water Authority's Optimal Storage Study - Biological Constraints Studies. 1994
present. Mr. Merkel managed biological studies, mapping programs, budgets, sub - consultants, document
preparation and development of biological ranking criteria for the 13 site 21,655 acre investigation. All
work was completed on -time and under budget. Included in this study, was the biological investigation
of the 381 -acre Daley Ranch site. Thje project has since evolved into the Authority's Emergency Storage
Project. Mr. Merkel was also one of the lead biologists for the studies.
Batiquitos Lagoon Long -term Biological Monitoring and Pilot Revegetation Program (1996 -2006)
Mr. Merkel is the Project Manager for the 10 -year Batiquitos Lagoon Enhancement Project biological
monitoring program. This monitoring program and the associated eelgrass and cordgrass restoration
program are the final phases of this massive $55 million habitat restoration project. The long -term
monitoring program includes several elements ranging from vegetation trends analyses to detailed
fisheries and avian resource studies. Included in the studies are sediment and water quality analyses, as
well as benthic community development, including macroalgae and eelgrass habitats.
The Batiquitos Lagoon Long -tern[ Monitoring Program includes quantitative and qualitatative assessment
of resources, documentation of trends, and presentation of data to resource and regulatory agencies and
the public. Quarterly monitoring reports are being prepared as a means of rapid data transfer. Annual
reports are to serve as a forum for data and trend analyses and interpretation.
Famosa Slough Enhancement Plan, San Diego, California. 1994 -2000. Mr. Merkel created and
implemented a plan to restore and preserve the Slough as a natural habitat, provide a sanctuary for
wildlife, and educate the public in the appreciation of the plants and animals that comprise a wetland
system.
San Francisco Oakland Bay Bridge Seismic Safety Project, 1999-present. Mr. Merkel has managed
biological and physical studies conducted to assist Caltrans in obtaining the necessary permits for the
seismic safety project. He has also developed large -scale on and off -site mitigation plans for the project
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and is conducting a comprehensive eelgrass transplant experiment on Emeryville Flats. 0
Port of Oakland, Middle Harbor Enhancement Studies, 1997 -2002. Mr. Merkel was the Task Leader
for the Conceptual Design of the Middle Harbor Habitat Enhancement, which included characterization
of marine communities and development of an enhancement plan as part of the EIR/EIS preparation for
the project.
San Diego Gas & Electric, Biological Studies for NPDES Permit Renewal, 1994 - present. Mr.
Merkel designed and implemented studies intended to evaluate the potential effect of the South Bay
Power Plant's cooling water discharge on fisheries, benthic, avian, and endangered species resources.
Work also included a 2 year unattended water quality and sediment monitoring program to determine
limiting factors of eelgrass distribution in the south San Diego Bay. Mr. Merkel assisted with the
development of a predictive model for eelgrass distribution.
Sweetwater River Basin Groundwater Demineralization Project, 1995-present Mr Merkel
designed and conducted baseline biological studies of flora, fauna, sensitive species, and water quality
to assess environmental impacts of both the extraction of groundwater and the discharge of brine
associated with the proposed Sweetwater River Demineralization Project.
EDUCATION
1986 -1992, San Diego State University, San Diego, California
Graduate studies: Ecology
1985, 'Oregon State University, Corvallis, Oregon
Discipline: B.S. degree in Biology
Emphasis: Ecology and Aquatic Biology
PROFESSIONAL CERTIFICATIONS
• California Department of Fish and Game, Scientific Collecting Permit. 1986- present.
(invertebrates, fish, amphibians, reptiles, mammals)
• California Department of Fish and Game, Memorandum of Understanding for handling of the
Pacific Pocket Mouse, San Joaquin Pocket Mouse, Los Angeles Pocket Mouse, Arroyo Chub
• Endangered Species Act, Section 10(a) survey permit for California Gnatcatcher
• FICWD wetland delineation
• HIM hydrologic profiling qualified
• Army Corps of Engineers certified Wetlands Delineation Instructor
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Merkel & Associates, Inc.
RACHEL A. WOODFIELD
PROFESSIONAL HISTORY
Senior Biologist, Merkel & Associates, Inc., San Diego, California. May 1997 - present Ms. Woodfield's duties
include project management, project permitting, research and report preparation, study design and data analysis,
fish taxonomy, avian surveys, eelgrass restoration and monitoring, and technical and field assistance. Ms.
Woodfield is currently the program manager for the rapid response eradication effort to control the spread of the
invasive green alga Caulerpa taxifolia in two coastal southern California lagoons.
Biological Technician, Merkel & Associates, Inc., San Diego, California. Jwte 1996 -May 1997 As a biological
technician at M &A, Ms. Woodfield's duties included avian, infauna, and avian surveys, eelgrass restoration and
monitoring, technical and field assistance, research and report preparation.
RECENT EXPERIENCE
Ms. Woodfield is a biologist with Merkel & Associates with eight years experience in field biology. She has
focused her work on coastal wetlands and shallow marine environments. As a major portion of her work, Ms.
Woodfield has managed fish community studies, water quality investigations, coastal wetland restoration and
. monitoring, and habitat assessments. She is an experienced ornithologist who regularly performs professional
avian surveys in coastal wetlands. She has also conducted marine resource investigations on fish, avian,
macroalgal and eelgrass communities at numerous sites from San Francisco Bay to SanDiego Bay.
Her most current work involves directing eradication efforts for C. taxifolia, discovered by Merkel & Associates
in Agua Hedionda Lagoon in Carlsbad and later confirmed growing in Huntington Harbour. She works closely
and under the direction of the Southern California Caulerpa Action Team ( SCCAT), made up of members from
San Diego Regional Water Quality Control Board, Santa Ana Regional Water Quality Control Board,
California Department of Fish and Game, NOAA Marine Fisheries, City of Carlsbad, US Department. of
Agriculture and others., She coordinates and participates in all aspects of the project, including SCCAT
presentations, data management, research and development, fieldwork, outreach, and reporting. She has
coordinated with scientists from six other countries that have experience with the invasive nature of C.
taxifolia, included two research expeditions in the Mediterranean Sea to study the later stages of the
uncontrolled spread of the species. She works with environmental groups, coastal cities, and recreational divers
as part of an outreach program to educate about and search for invasive marine species. Her extensive
involvement in the field of invasive species studies began when she found and reported the fast known
occurrence of the invasive seaweed Undaria pinna#ida in North America.
Ms. Woodfield conducted a three year quarterly fish study for the South Bay Power Plant in San Diego Bay to
comply with the terms of their NPDES permit renewal. The study evaluated the potential effects of the Plant's
operations on the fish community as well as on threatened and endangered species. Also in support of that permit,
Ms. Woodfield completed a three year continuous water quality monitoring program in a bay -wide study of San
Diego Bay, to support the development of a predictive model for eelgrass distribution. The study involved the full-
time deployment and maintenance of seventeen untended Hydrolab multiprobes within south San Diego Bay.
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In addition to work within San Diego Bay, Ms. Woodfield has been working on biological assessment programs
in San Francisco Bay for over 6 years, and has worked extensively for the Port of Oakland. Starting in 1997, she
managed baseline macroalgal and eelgrass habitat investigations associated with the conversion of 190 acres of
deepwater port facilities to shallow water, mudflats, and marshlands within the Port of Oakland's Middle Harbor.
In association with that project, she conducted a mitigation design study to investigate eelgrass restoration impacts
at a study site at Bayfarm Island. She has also conducted water quality assessments throughout the bay. Over the
past few years she has been working intensively in San Francisco Bay in support of the San Francisco Oakland Bay
Bridge East Span Seismic Safety Project. She works regularly on the Eelgrass Restoration Program being
conducted by M&A at several locations in the East Bay, collecting monitoring data on eelgrass growth,
maintaining deployed water quality equipment, and managing collected data. Ms. Woodfield also participates in
the Baywide Eelgrass Mapping program currently being conducted by M&A, collecting and managing data on the
distribution of eelgrass throughout the bay.
Ms. Woodfield is experienced in the use of a wide range of sampling equipment, including plankton nets, large
and small seines, benthic invertebrate sampling gear, water quality equipment, dGPS navigational equipment,
bathymetric and topographic survey equipment, and SCUBA dives regularly in the course of her work. She has
been conducting fish community assessments for over six years, responsible for field coordination, taxonomy, data
management, analysis and reporting. In addition, Ms. Woodfield is a highly experienced boat handler and
navigator, and has worked extensively in shallow water lagoons, bays, and estuaries.
SIGNIFICANT PROJECTS
Caulerpa taxifolia Eradication Program, Huntington Harbour and Agua Hedionda Lagoon, 2000 - present.
Ms. Woodfield manages the southern California Caulerpa taxifolia eradication effort to remove the invasive green
alga from two infested lagoons. She is responsible for all aspects of the project including. program design, survey,
treatment, outreach, research, data management, and reporting. .
Batiquitos Lagoon, Carlsbad, 1997 -2006. Ms. Woodfield is working on the biological monitoring phase of the
$55 million estuarine habitat restoration project at Batiquitos Lagoon. Ms. Woodfield's work includes scheduling
and completing fisheries, vegetation, avian, water quality, and benthic field surveys, implementing eelgrass and
cordgrass pilot restoration programs, and analyzing data.
San Francisco - Oakland Bay Bridge Seismic Safety Project - Biological Services. 2002 - present. Ms.
Woodfield has worked an several elements of this project for Caltrans. Field data collection, data analysis,
and report preparation for permit compliance are among the many tasks conducted. She also participates
in the experimental eelgrass transplant, and inventory of all existing eelgrass resources in San Francisco
Bay. The experimental eelgrass transplant is on -going and monitoring for the eelgrass and sand flat
habitat restorations will continue for 15 years following the completion of construction in approximately
2010.
Port of Oakland Habitat Enhancement Platt, Oakland, 1997 -2000. Ms. Woodfield collected and analyzed soils
and water quality samples at various stations in the bay, evaluated existing eelgrass beds, and conducted an
experimental transplant. She managed baseline macroalgal and eelgrass habitat investigations associated with the
conversion of 190 acres of deepwater port facilities to shallow water, mudflats, and marshlands within the Port of
Oakland's Middle Harbor.
SDG &E South Bay Power Plant NPDES Renewal, Chula Vista, 1997 -1999. Ms. Woodfield managed a fish
community characterization program in the discharge channel of the power plant to assess the affects of the thermal
discharge on adjacent eelgrass and fisheries resources in south San Diego Bay. Ms. Woodfield oversaw three years
of field work and prepared the quarterly and final assessment reports •
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SDG &E South Bay Power Plant NPDES Renewal, Chula Vista, 1997 -1999.
. Ms. Woodfield completed a continuous bay -wide environmental monitoring program to support the development
of a predictive model for eelgrass distribution in San Diego Bay. The study involved the full -time deployment and
maintenance of seventeen untended Hydrolab multiprobes within south San Diego Bay.
SDG &E Encina Power Plant Water Quality Monitoring, Carlsbad, 1996 -1997. As part of NPDES permit
requirements for the Encina Power Plant, Ms. Woodfield is conducted temperature, tidal, and current monitoring
in the waters adjacent to the plant's thermal outfall pipe.
EDUCATION
1995, University of California at Santa Barbara, Santa Barbara, California
Discipline: B.A. degree in Biological Sciences; emphasis in marine biology
PROFESSIONAL CERTIFICATIONS
• PADI certified SCUBA Diver
• CDFG Scientific Collecter's Permit
• USFWS 10 (a) permit to survey for Quino Checkerspot Butterflies
• USFWS 10(a) permit to survey for Vernal pool branchiopods
• USFWS 10(a) permit to assist with California Gnatcatcher surveys
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`. Merkel & Associates, Inc.
MELISSA A. BOOKER
PROFESSIONAL HISTORY
Senior Biologist and Terrestrial Branch Manager, Merkel & Associates, Inc. (M &A), San
Diego, California. January 1998 to present. Ms. Booker's primary Senior Biologist duties are to
conduct biological inventories and assessments, to prepare technical documents in accordance with
California Environmental Quality Act (CEQA), and to prepare natural resource management plans
for both public and private entities. In the case of CEQA documents, the emphasis of the biological
inventories is to identify the potential for adverse impacts to sensitive biological resources [as
defined by U. S. Fish and Wildlife Service (USFWS), California Department of Fish and Game
(CDF &G), CEQA, and local jurisdictions], and to develop measures to avoid, reduce, or mitigate
significant impacts. Biological inventories conducted in support of management plans focus on
establishing a baseline for future monitoring comparison and identifying sensitive populations or
communities requiring special management considerations. As M &A's Terrestrial Branch Manager,
Ms. Booker is responsible for oversight of all terrestrial staff and projects. Although each project is
assigned an individual project manager, Ms. Booker serves as senior editor, staff supervisor, and
inter - project coordinator. She is also responsible for staff training, project scoping, and proposal
preparation. A number of her completed and on -going projects are listed following her professional
history.
Senior Biologist and Field Biologist, San Clemente Loggerhead Shrike (Lanus ludovicianus
mearnsi) Project, Western Foundation of Vertebrate Zoology and Endangered Species Recovery
Council, San Clemente Island, California. 1995- 1997. Ms. Booker's supervisory duties included
coordination of field crew activities and data collection; coordination of field activities with military
range personnel; preparation of monthly reports summarizing population, breeding, and band status
for this federally endangered species; production of annual report sections summarizing all 1998 field
activities and data collection; and attendance of weekly meetings to coordinate the project's predator
control, captive propagation, and field monitoring efforts.
SIGNIFICANT PROJECTS
Tidewater Goby (Eucyclogobius newberryi) Reintroduction, Camp Pendleton, 1999 -on- going.
Ms. Booker designed the Tidewater Goby Reintroduction Plan for San Mateo Lagoon and Creek,
following local extirpation in 1998. The plan addressed the reintroduction and management of a
population for a minimum of five years, including a habitat suitability determination, site
preparation, Tidewater Goby collection and reintroduction, monitoring and maintenance, and success
criteria. Plan elements designed, implemented, and managed by Ms. Booker include water quality
testing, exotic predatory species control, Tidewater Goby status surveys, lagoon profile mapping,
collection for genetic testing, and reporting. The project has successfully re- established a Tidewater
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Goby breeding population at San Mateo Lagoon and Creek. The monitoring and management
aspects of this project are on- going.
San Diego River Natural Resource Management Plan (in prep), City of San Diego, 2002 -on-
going. To formulate this plan, M &A compiled a biological inventory of the plan area,
determinations regarding existing and proposed land uses and property ownership were made,
archaeological resources were identified, and all aspects were brought together through the use of
Geographic Information System (GIS). Ms. Booker is leading this effort, managing the non-
biological tasks and conducting the biological effort with fellow M&A biologists. The 2002 and
2003 biological inventory work included riparian bird point counts, Least Bell's Vireo surveys, river
seining, turtle trapping, marsh bird surveys, track surveys, and general biological surveys. The
management plan identifies proposed management actions and recommendations based on existing
biological, cultural, geological, and hydrological conditions, current and planned land uses, and
recreational uses as described in the existing conditions portion of the plan.
Moreno Valley General Plan Amendment EIR, 2001 -on- going. In preparing this document, Ms.
Booker compiled and reviewed existing biological information from the over 40,000 acre project
area (City of Moreno Valley and sphere of influence) including but not limited to, information
provided within the Preliminary Draft Western Riverside Multiple Species Habitat Conservation Plan
(MSHCP) and associated documents, regional sensitive species occurrence and vegetation
community GIS data, and the results of site specific investigations conducted within the project area.
Vegetation communities mapped on -site, flora and fauna reported from or expected on -site, and on-
site wildlife habitat features are discussed in detail. Quantification of direct impacts resulting from
this project was not possible, as no specific development was proposed. The impact analysis
reviewed the proposed Land Use Policy Map Alternatives, which allow for future development
patterns that differ from existing conditions, and evaluated the potential for future impacts from
development within the region under each plan. The impact analysis specifically examines potential
impacts to sensitive species, sensitive habitats, and wildlife corridors, including potential impacts to
wildlife from increases in traffic; and the potential for increased edge effects and habitat
fragmentation within or adjacent to areas of biological open space.
Escondido General Plan Amendment EIR, 2000. Similar to the Moreno Valley General Plan
Amendment, Ms. Booker used existing data supplemented by surveys performed in the general plan
area to prepare the biological resources section of the General Plan Amendment EIR. She
determined that limited biological resources existed within much of the plan amendment areas due to
urbanization, which places a higher premium on conservation of existing resources. The impact
analysis focused on the potential for impacts to significant populations of sensitive species or areas of
sensitive habitats and recommended appropriate mitigation, where feasible, to reduce impacts to a
level below significance. The analysis also examined impacts within the context of the City's
Subarea plan and reviewed the potential for the proposed amendments to preclude plan compliance.
Carmel Valley Road Enhancements EM 1999 -2000. Utilizing the biological assessment of the
project site and specific field assessments of wildlife corridors and sensitive habitat locations, Ms.
Booker prepared the EIR biological resources section. Impacts to wetlands, Coastal Sage Scrub,
sensitive plant species, California Gnatcatchers, Belding's Savannah Sparrows (Passerculus
sandwichensis beldingi), and wildlife corridors for all project alternatives were addressed.
Salvation Army Camp Biological Report and EIR, Ramona, 1999 -on- going. This project includes
a biological assessment of project resources and determination of impacts from three proposed
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alternative plot plans for an EIR. The project included an evaluation of on -site vegetation
communities, identification of local wildlife corridors, determinations of presence/absence for any
sensitive species for which suitable habitat occurred on -site habitat, and a determination regarding
the significance of any sensitive species population known or expected on -site. To support these
determinations, intensive wetland delineations were undertaken; habitat suitability evaluations were
conducted for Arroyo Toad (Bufo californicus), Least Bell's Vireo, and Southwestern Willow
Flycatcher; and focused surveys were performed for California Gnatcatcher, Quino Checkerspot
Butterfly, and Stephen's Kangaroo Rat (Dipodomys stephensi) (completed by sub - consultant). The
report evaluated direct and indirect impacts and made recommendations regarding avoidance,
reduction of impacts, and/or mitigation of impacts.
Long -term Management and Monitoring Plan for Daley Ranch Conservation Bank, Escondido,
2002. This plan was developed based on baseline biological studies including an intensive
remapping of site vegetation, sensitive plant surveys, general zoological surveys, nesting raptor
surveys, and an examination of current recreational uses at Daley Ranch. The plan follows the
format recommended by CDF &G and includes all of the baseline biological information along with
"Management Goals, Objectives, Recommendations, And Environmental Impacts" according to
elements (Biological, Public Use, Facility Maintenance, and Cultural Resources). The plan provides
species- specific management actions /directives to meet the City of Escondido's Multiple Habitat
Conservation Program obligations and extensive sections on recommended recreational and access
management actions to provide suitable, rewarding public use opportunities while preserving and
protecting the site's natural resources.
EDUCATION
• 1990, University of Connecticut, Storrs, Connecticut
B.S. in Animal Science with a minor in Biology, 1990
• UCLA Extension Planning and Zoning Law and Practice (2001)
• UC Berkeley Extension Land Use Planning for Non - Planners (2001)
CERTIFICATIONS AND PERMITS
• 1999 -2003 USFWS Endangered Species Act (ESA) section 10(a)(1)(A) permit (PRT- 797999) to
independently survey for the California Gnatcatcher and Quino Checkerspot Butterfly, and to
assist with Southwestern Willow Flycatcher surveys.
• 2000 -2003 Authorized field investigator under CDF &G MOU for California Gnatcatcher and
Least Bell's Vireo work, Tidewater Goby, Arroyo Chub (Gila orcunt), Southwestern Pond Turtle
(Clemmys marmorata pallida), and California Tiger Salamander (Ambystoma californiense).
Authorized field assistant for Southwestern Willow Flycatcher.
• 1998 -2003 CDF &G Scientific Collecting Permit for marine aquatic plants, marine and freshwater
fishes, freshwater and terrestrial invertebrates, amphibians, reptiles, birds, and mammals.
• San Diego County Certified Environmental Consultant
• The Wildlife Society Certified Wildlife Biologist
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'-Merkel & Associates, Inc.
CRAIG H. REISER
PROFESSIONAL HISTORY
Senior Biologist, Merkel & Associates. 1994 to present. Craig Reiser is one of Southern California's
foremost field biologists and one of the few recognized experts on the sensitive plants of the region. The
diversity of his field experience in the last decade is perhaps unmatched in Southern California. He has
conducted professional biological surveys and site assessments at over 1,000 sites from Madera County
to San Diego. County, generating over 700 separate technical reports submitted to a spectrum of county
and city agencies. His published works on the rare plants of southern California are being utilized by
analysts at the.local, state, and federal levels.
Mr. Reiser has conducted biological work in all ecotypes represented in the southwestern U.S. from the
coast to the desert. He is very experienced with large -scale regional analyses through such work as the
Camp Pendleton Rare Plant inventories covering over 125,000 acres, the Western Riverside Habitat
Conservation Plan habitat mapping effort covering 1.4 million acres, the El Centro Naval Air Base East
and West Mesa studies covering 200,000 acres of desert environments, and the San Diego Pipeline No.
6 regional routing study mapping over 500 square miles of San Diego and Riverside counties.
Senior Botanist/Lead Biologist, Pacific Southwest Biological Services, Inc. 1987 -1994. Mr. Reiser was
the senior field botanist for Pacific Southwest Biological Services for a seven year period. During this
time, Mr. Reiser was responsible for the execution of professional biological surveys and site assessments
at over 550 sites from Madera County in the north to San Diego and Imperial counties in the south,
generating over 450 separate technical reports submitted to a spectrum of county and city agencies.
SIGNIFICANT PROJECTS
Boden Canyon Biological Resources. 2000. Mr. Reiser was responsible for the botanical investigations
on the 2000 acre Boden Canyon study area. Existing biological conditions of Boden Canyon were
investigated in order to evaluate potential impacts of incorporation of the site into a regional trail system.
Mr. Reiser also conducted focused surveys following USFWS protocols for the Least Bell's Vireo and
Southwestern Willow Flycatcher. Prepared for San Dieguito River Park Joint Powers Authority. (2000)
Faraday Avenue Extension, Agua Hedionda Sewer Interceptor, and Carlsbad Oaks North Business
Park. 2000. Mr. Reiser conducted botanical investigations, rare plant surveys, and focused surveys
following USFWS protocol for Least Bell's Vireo, California Gnatcatcher, and Southwestern Willow
Flycatcher at the Faraday site. Wildlife movement corridors and regional connectivity were also
investigated for consistency with the Carlsbad Habitat Management Plan (HMP). (2000)
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San Diego County WavAuthority's Capital Improvement Pram (CIP) on the California
Gnatcatcher, San Diego, California. Mr. Reiser served as the project's lead botanist. His duties included
the assessment and delineation of habitat types along the 108 miles of pipelines and facilities within the
Authority's CIP. Through cooperative efforts of the U.S. Fish and Wildlife Service, the Authority, and the U.S.
Navy as the lead federal agency, the Authority is providing mitigation for project impacts to the California
gnatcatcher and vesting a right to a "take" for current and future projects.
Rare Plaut/Vegetation Survey, Camp Pendleton (1987 -1990) Mr. Reiser completed a 3 -year focused
study, comprised of over 60 separate surveys, in order to identify the status and distribution of rare plants
on the 125,000 -acre base. Compiling regional flora and specifically searching for sensitive plants and
mapping the vegetation for the Base, Mr. Reiser conducted the first thorough botanical exploration of
Camp Pendleton. During 1993 -1994 he supervised a team of bio- cartographers, and fine -tuned a
vegetation mapping effort covering approximately 1.4 million acres of western Riverside County. Other
relevant experience includes:
Carlsbad Municipal Golf Course EIR Biological Constraints Analysis (1997 - present) Mr. Reiser
was the project manager conducted a biological survey of the 396 acre Carlsbad site, with an emphasis
on updating information on sensitive biological resources. Focused breeding territory surveys for the
California gnatcatcher, least Bell's vireo and Quino checkerspot were conducted. This project included
a complex array of mitigation requirement which involved interactions with various city, state, and federal
agencies.
EDUCATION
1978, M.A., San Diego State University, San Diego, California
1977, B.A., San Diego State University, San Diego, California
1974, B.A., San Diego State University, San Diego, California
PROFESSIONAL CERTIFICATIONS
• USFWS take permit for the California Gnatcatcher, Southwestern Willow Flycatcher
(PRT- 797999)
• USFWS 10(a) permit to survey for the California Gnatcatcher and Southwestern Willow
Flycatcher (PRT- 797999)
• USFWS 10(a) permit to survey for Quino Checkerspot Butterfly (PRT- 797999)
• USFWS 10(a) permit to survey for the vernal pool branchiopods (PRT- 797999)
• County of San Diego Certified Biologist
• County of Riverside Certified Biologist
PUBLICATIONS
Reiser, C.H. 1994. The Rare Plants of San Diego County. Aquafir Press. 175pp.
Reiser, C.H. 1989. The Rare Plants of San Diego County. Sweetwater River Press. 50pp.
Reiser, C.H. 1984. New Species of Dudleya from the Banner Grade. Cactus and Succulent
Journal.
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CITY OF NEWPORT BEACH
• CITY COUNCIL STAFF REPORT
SUPPLEMENTAL
Agenda Item No. 3
February 10, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Afford, Senior Planner
(949) 644 -3235
pa Ifordacity. newpo rt- beach. ca. u s
SUBJECT: Revisions to LCP Biological Consultant Professional Services
Agreement
Since the publication of the staff report on this item, the Planning Department and the
City Attorney's Office have been working on a few clarifications in the professional
services agreement with the consultant. These changes are minor in nature and are
is summarized as follows:
■ Item 4 — Billing will be in increments of one - quarter of an hour.
• Item 4.1 — Invoices will be paid within 30 days of receipt, subject to the right to
withhold payment for disputed sums.
• Item 4.2 (C) - Authorizations do not have to be in writing.
• Item 5 — The City must provide "reasonable grounds" to remove personnel from
the project.
• Item 9 — The Consultant's vendors and suppliers are removed from "hold
harmless" provisions.
■ Item 19 - The Consultant is allowed to utilize generic biological information
collected during the course of the work to prepare scientific papers,
talks /seminars, or marketing materials for public dissemination.
■ Item 21 — The words "drawings and specifications" were replaced with
"deliverables."
• ■ Item 24 —The time to correct defaults is changed from 2 days to 5 days.
Biological Consultant PSA
February 10, 2004
Page 2
The Planning Department and the City Attorney's Office recommend that these changes •
be incorporated into the professional services agreement.
Prepared by: Submitted by:
AOM
Patrick J. Alford Patricia I Temple
Senior Planner Planning Director
Attachments:
Revised Draft professional services agreement.
is
•
PROFESSIONAL SERVICES AGREEMENT WITH
• MERKEL & ASSOCIATES, INC. FOR
ON -CALL ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2004, by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City"), and MERKEL & ASSOCIATES, INC., a California corporation
whose address is 5434 Ruffin Road, San Diego, California, 92123 ( "Consultant'), and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is currently updating its Local Coastal Program (LCP) for submission to
the California Coastal Commission.
C. City desires to engage Consultant to provide advice on issues relating to the
LCP certification process, which is expected to take up to two years, as well
• as other advice that may be needed from time to time on matters relating to
biological resource protection (the "Project").
D. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Keith W.
Merkel.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the day of
2004, and shall terminate on the 151' day of February, 2006, unless terminated
earlier as set forth herein.
2.
3.
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SERVICES TO BE PERFORMED •
Consultant shall provide "On -Call" Environmental' Consulting Services as
described in the Statement of Qualifications dated November 15, 2003)attached
as Exhibit "A ". Upon verbal request from the Project Administrator, Consultant
shall provide the services requested by the City at the hourly rates listed in
Exhibit A.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10) •
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the hourly billing rates set forth in Exhibit "A" attached hereto
and incorporated herein by reference. Consultant agrees to bill all time in
increments of one - quarter of an hour. No rate changes shall be made during the
term of this Agreement without the prior written approval of the City.
Consultant's compensation for services performed in connection with this
Agreement shall not exceed $30,000 without City Council approval.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a •
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• brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant's
invoice(s) within thirty (30) days of receipt, subject to the right to withhold
payment for disputed sums as provided under Paragraph 22.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance and incurred by Consultant in the
performance of this Agreement.
• 4.3 Consultant shall not receive any compensation for Extra Work without the
prior authorization of the City. As used herein, "Extra Work" means any
work that is determined by City to be necessary for the proper completion
of the Project, but which the parties did not reasonably anticipate would
be necessary. Compensation for any authorized Extra Work shall be paid
in accordance with the Schedule of Billing Rates set forth in Exhibit A.
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5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Keith W. Merkel
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Upon written request of City, Consultant shall remove from the Project any of its
personnel assigned to the performance of services upon reasonable grounds
provided by City to Consultant., Consultant warrants that it will continuously
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6.
7.
8.
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furnish the necessary personnel to complete the Project on a timely basis as
contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Planning Department. Patrick J.
Alford, Senior Planner, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
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B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the •
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
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• approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
• performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
• they are limited by statute, rule or regulation and the expressed terms of this
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12.
13.
14.
• •
Agreement. Nothing in this Agreement shall be deemed to constitute approval •
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS •
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
-Best's Key Rating Guide, unless otherwise approved by the Citys Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
• thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
•
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit
for each occurrence.
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4. Professional Errors and Omissions Insurance. Consultant shall •
maintain, professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as •
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
B. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own •
A
• judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
• consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing or
graphic produced (hereinafter "Documents "), prepared or caused to be prepared
by Consultant, its officers, employees, agents and subcontractors, in the course
of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
• from Consultant written consent for such changes.
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18. COMPUTER DELIVERABLES •
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Access, or and /or Excel. All digital maps shall be provided in the
State Plane Coordinate System NAD83 Feet Zone VI (1991.35 Epoch OCS GPS
Adjustment) and in a compatible format (e.g., .SHP, .DWG, .DXF). All documents and
data must be formatted for the City's computer hardware and software and delivered to
the City on CD -ROM.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
However, Merkel & Associates, Inc. reserves the right to utilize generic biological
information collected during the course of the work to prepare scientific papers,
talks /seminars, or marketing materials for public dissemination.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of •
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Consultant's deliverables provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business •
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proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
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23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional expense shall be bome by
Consultant. Nothing in this paragraph is intended to limit City's rights under any
other sections of this Agreement.
26. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees 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 foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
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27. NOTICES •
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Patrick J. Alford
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3235
Fax: 949 -644 -3229
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Keith W. Merkel
Chief Ecologist
Merkel & Associates, Inc.
5434 Ruffin Road •
San Diego, CA 92123
Phone: 858 - 560 -5465
Fax: 858 - 560 -7779
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting parry may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information •
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draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
• and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
• relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
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36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Tod W. Ridgeway,
Mayor
for the City of Newport Beach
Merkel & Associates, Inc.
By: By:
LaVonne Harkless Barbara L. Merkel
City Clerk President
Attachments: Exhibit A — Statement of Qualifications
IT]
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