To:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Kevin X. O'Connor, Acting Public Works Director
September 15, 2026 DATE:
SUBJECT: Approval of Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc. for Wetlands Operations and Maintenance Project Support Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc. to provide Wetlands Operations and Maintenance Project Support Services for a not-to-exceed amount of $119,590 annually for FY 2026- 2027 and FY 2027-2028; and,
2. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
The City of Laguna Niguel owns and maintains sixty acres of wetlands within thirteen sites (Attachment A). The California Department of Fish and Wildlife (CDFW) requires all cities to conduct routine maintenance of recognized wetlands. Maintenance of the wetlands is performed in accordance with the approved Laguna Niguel Wetlands Operations and Maintenance Project as described in the City's Operations and Maintenance and Long Term Management Plan (O&M-LTMP) and the associated Mitigation Monitoring and Reporting Program (MMRP).
Per the O&M-L TMP and MMRP, wetland and habitat maintenance services include the trimming and removal of vegetation, removal of trash and refuse, removal of sediment in stream beds, and reporting to all agencies required by permit, including the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, and California Department of Fish and Wildlife.
Maintenance of wetland sites protects native plants and habitat through the removal of invasive plant species. Sediment removal promotes positive water flow, which enhances public safety by minimizing stagnant water environments that can harbor mosquitoes and other pests, and decreases the likelihood of area flooding during rain events. Wetlands provide a multitude of benefits to the community, including valuable flood protection by buffering the land from storms, erosion control, improved water quality, and recreation.
Contract services play a key role in the annual implementation of the O&M-L TMP and MMRP for wetland and habitat area maintenance, providing direction and expertise that is efficient, responsive, and available as needed. In support of. City Council Goal 3 (Open Space and Environmental Preservation) of the City's adopted Strategic Plan, the Public Works Department requires a consultant to implement the Wetlands O&M-L TMP annually.
ANALYSIS
The City requested proposals from firms on its On-Call List for Wetlands Operations and Maintenance Project Support Services. In response to the request, the City received proposals from two qualified consultants. Pursuant to Laguna Niguel Municipal Code Section 3-6-8, professional services contracts shall be awarded on the basis of the demonstrated competence of the service providers, and on the service provider's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the City and shall not be awarded solely on the basis of cost.
ICF Environmental, Inc.
WSP USA Inc.
After a thorough evaluation, it was determined that ICF Environmental, Inc. was the most qualified firm based on its expertise and experience with the City's O&M-L TMP and MMRP. ICF Environmental, Inc. has been providing Wetland Operations and Maintenance Environmental support services to the City since 2021, consistently meeting the City's performance standards.
Staff recommends that the City Council approve Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc. in the amount of $119,590 annually for FY 2026-2027 and FY 2027-2028 for Wetlands Operations and Maintenance Project Support Services (Attachment B).
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc. This alternative is not recommended because wetlands are a vital component of the City's environment, and the City will not have a consultant to meet government environmental and preservation regulations in City-owned wetland and habitat sites.
FISCAL REVIEW
The adopted Fiscal Year 2026-2027 Public Works Department budget includes sufficient funds for Mitigation Monitoring. Funding for Fiscal Year 2027-2028 will be included in the Fiscal Years 2027-2029 operating budget.
LEGAL REVIEW
The City Attorney's Office has reviewed this report and Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc., and has approved both documents as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc. to provide Wetlands Operations and Maintenance Project Support Services for a not-to-exceed amount of $119,590 annually for FY 2026- 2027 and FY 2027-2028; and,
2. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc., subject to the City Attorney making non-substantive changes.
~ eHMu~
City Manager
~X. O'~
Kevin X. O'Connor
Acting Public Works Director
~ Assistant Engineer
Attachments:
A. Wetland and Habitat Areas Maps
Scott C. Smith
City Attorney
Principal Civil Engineer
B. Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc.
ATTACHMENT A
Wetland and Habitat Areas Maps
Legend
c::J Project Boundaries
N
A
0 1,000 2,000
Feet
Source: ESRI StreetMap
North America (2013)
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2 East Wetland
3 North Wetland
9 Niguel Ridge
ation Area
hur Creek
11 Sulphur Creek in Crown Va
12 La Paz Parle Wetlands
13 Salt Creek Corridor Habitat Restoration Area
Attachment A
Project Location
City of Laguna Niguel Programmatic Permitting
ATTACHMENT B
Amendment No. 5 to the On-Call Professional Services Agreement with ICF Environmental, Inc.
AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
ICF ENVIRONMENTAL, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment No. 5") is made and entered into _______ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and ICF Environmental, Inc., a Delaware Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
1. City and Consultant entered into an on-call professional services agreement on July 1, 2023 to provide on-caJl professional services (''Agreement"). The initial term of the Agreement terminates on June 30,'2026. Amendment No. 3 exercised the first option year extending the term of the Agreement to June 30, 2027.
2. City and Consultant have entered into amendment(s) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-5.
3. City has requested that Consultant provide Wetlands Operations and Maintenance Project Support Services (the "Services"), which are contemplated under the Scope of Services of the Agreement, on an· as-needed multiyear basis pursuant to the terms of the Agreement and authorized upon execution of this Amendment No. 5 (the "Project").
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4. Consultant has the qualifications and experience to render the requested Services, and submitted a written project proposal ("Project Proposal") to provide the Services for the Project.
5. Section 1.1 of the Agreement provides that the actual performance of services by Consultant for City shall be established on a project-by-project basis through a separate "Specific Services" amendment to the Agreement.
6. City and Consultant now desire to enter into Amendment No. 5 to the Agreement in order to establish terms for the Consultant's performance of the requested Services on the Project.
AGREEMENT
In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:,
1. Project Term. This Amendment No. 5 shall become effective as of the date stated above and shall terminate once the Services have been completed. Unless earlier terminated pursuant to Article 7 of the Agreement, and prior to completion of the Services, this Amendment -1-
No. 5 shall otherwise be coterminous with the term of the Agreement, automatically adopting any extensions, renew'1:ls, or earlier terminations of the Agreement.
2. Consultant Project Proposal. The Project Proposal from Consultant, for this Amendment No. 5 to the Agreement, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included in the Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project Proposal, and the Agreement or this Amendment No. 5, the terms of the Agreement or this Amendment No. 5, respectively, shall govern. No other terms and conditions from the Project Proposal, other than description of scope of services or work, shall apply to this Amendment No. 5 or the Agreement, unless specifically agreed to by City in writing.
3. Project Scope of Services. In compliance with all terms and conditions of the Agreement and this Aroendment No. 5, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A-5 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
4. Project Special Requirements. Additional terms and conditions of this Amendment No. 5, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-5 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-5, and any other provisions of this Amendment No. 5 or the Agreement, the provisions of Exhibit B-5 shall govern.
5. Project Compensation and Contract Sum. Subject to any limitations set forth in the Agreement and this ~mendment No. 5, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C-5 and incorporated herein by this reference. The annual total compensation ( excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Nineteen Thousand Five Hundred Ninety Dollars ($119,590) ("Compensation Sum"). This Amendment No. 5 includes a contingency amount equal to Zero Dollars ($0) ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Ninete~n Thousand Five Hundred Ninety Dollars ($119,590) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5 of the Agreement. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-5. Compensation may include reimbursement, for actual and necessary expenditures, if both 'specified in either the Schedule of Compensation (Exhibit C-5 to this Amendment No. 5) or the Schedule of On-Call Compensation (Exhibit C to the Agreement), as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
6. Project Schedule of Performance. Consultant shall commence as-needed services pursuant to this Amendment No. 5 upon receipt of a written notice to proceed pursuant to Exhibit -2-
A-5 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached l;iereto as Exhibit D-5 and incorporated herein by this reference ( and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
7. Prior 'Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-5 and incorporated herein by this reference.
8. Consultant Representative for Project. The Consultant Representative for the work or services und~r this Amendment No. 5 is Megan Jameson, Project Manager, 949-903-8469, [email protected], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the exp~rience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment No. 5 to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment No. 5 for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Amendment No. 5, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
9. Continuing Effect of the Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term "Agreement" appears in the Agreement, it shall mean the Agree°:ent, as amended by this Amendment No. 5.
10. Affirmation of the Agreement. City and Consultant each ratify and reaffirm each and every one of the, respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
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11. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.
12. Authority. The persons executing this Amendment No. 5 on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said Party, (iii) by so executing this Amendment No. 5, such Party is formally bound to the provisions of this Amendment No. 5, and (iv) entering into this Amendment No. 5 does not violate any provision of any other agreement to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 5 on the date and year first-above written.
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA:
Scott C. Smith, City Attorney
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
CONSULTANT:
ICF Environmental, Inc., a Delaware Corporation
By: ___________ _
Name:
Title:
By: ___________ _
Name:
Title:
Address: ------------
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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EXHIBIT A-5
SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by 'city.
II. Consultant will provide Wetlands Operations and Maintenance Project Support Services as described in the Project Proposal dated August 18, 2026 (refer to section 1.2 of the Agreement for conflicts).
A-5(1)
EXHIBIT B-5
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-5(1)
EXHIBIT C-5
SCHEDULE OF COMPENSATION
I. Consultant will be compensated for the Services performed pursuant to this Amendment No. 5 in accordance with the Project Proposal, and at the rates and in the manner. set forth in Exhibit C of the Agreement, "Schedule of On-Call Compensation".
II. Consultant shall receive compensation for the Services performed hereunder upon submission of a valid invoice pursuant to Section 2.2 of the Agreement, and upon approval of City's Representative.
III. The total compensation for the services provided pursuant to this Amendment No. 5 shall not exceed the Contract Sum, as provided in Section 5 of this Amendment No.
5. C-5(1)
EXHIBIT D-5
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services contemplated hereunder and deliver all work products timely, in accordance with the Project Proposal over the term of this Amendment No. 5. Consultant shall meet any other schedules and deadlines as directed by the City or as otherwise agreed upon by the Parties in order to complete the Services on the Project.
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D-5(1)
EXHIBITE-5
,PRIOR AMENDMENTS TO AGREEMENT
1. Amendment No. 1 to Agreement, executed on July 1, 2023, authorizes Consultant's performance of As-Needed Multiyear Environmental Programs Assistance services to City for a not-to-exceed Aggregate Contract Sum of $330,000.
2. Amendment No. 2 to Agreement, executed on April 9, 2025, authorizes Consultant's performance of As-Needed Paleontological and Invasive Shothole Borer Technical Support Services for the Laguna Niguel Wetlands Operations and Maintenance Project to City for a not-to-exceed Contract Sum of $49,473.
3. Assignment and Amendment No. 3 to Agreement, executed on July 1, 2026, exercises Option Year i' of the Agreement, extending the term to June 30, 2027, and changes the legal entity name.
4. Amendment No. 4 to Agreement, executed on July 1, 2026, modifies the terms of Amendment No. 1 to extend the term to expire on June 30, 2027 and updates the Exhibit C-1, "Schedule of Compensation" fees and rates applicable to the Agreement.
E-5(1)