21-043 Amendment #1 dated 1-18-221
FIRST AMENDMENT TO AGREEMENT 210 BETWEEN
THE CITY OF CUPERTINO AND RINCON
CONSULTANTS INC FOR CLIMATE ACTION PLAN
UPDATE COMMUNITY OUTREACH AND TECHNICAL
SUPPORT SERVICES
This First Amendment to Agreement 210 between the City of Cupertino and RINCON
CONSULTANTS INC is by and between the CITY OF CUPERTINO, a municipal corporation
(hereinafter "City") and RINCON CONSULTANTS INC, a California “S” Corporation
(“Contractor”) whose address is 180 N Ashwood Ave., Ventura, CA 93003, and is made with
reference to the following:
RECITALS:
A. On April 15, 2021, Agreement 210 (“Agreement”) was entered into by and between
City and Contractor for Climate Action Plan Update community outreach and technical
support services.
B. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Services.
Paragraph 2 of the agreement is modified to read as follows: “Contractor agrees to provide the
services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached
here and incorporated as Exhibit A-1. Contractor further agrees to carry out its work in
compliance with any applicable local, State, or Federal order regarding COVID-19.”
2. Exhibit A of the Agreement is modified as follows: additional Scope of Services, attached here
and incorporated as Exhibit A-1.
3. Compensation.
Paragraph 4.1 of the Agreement is modified to read as follows: “Maximum Compensation.
City will pay Contractor for satisfactory performance of the Services an amount that will be
based on actual costs but that will be capped not to exceed $178,000.00 (“Contract Price”),
based upon the scope of services in Exhibit A-1 and the budget and rates included in Exhibit C-
1, Compensation attached and incorporated here. The Contract Price includes all expenses and
reimbursements which will remain in place even if Contractor’s actual costs exceed the capped
amount, which includes the additional amount of $73,508 and a contingency of $4,492. No
extra work or payment is permitted without prior written approval of City.”
4. Exhibit C of the Agreement is modified as follows: additional Compensation, attached here and
incorporated as Exhibit C-1.
2
5. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
RINCON CONSULTANTS INC
By
Title
Date
RINCON CONSULTANTS INC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Contract Total 2021-462 100,000.00
Contract as Amended Total 2021-462 178,000.00
Principal
Jan 17, 2022
Jan 17, 2022
President
Christopher D. Jensen
Jim Throop
City Manager
Jan 18, 2022
Jan 18, 2022
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
510 834 4455 OFFICE
info@rinconconsultants.com
www.rinconconsultants.com
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
December 10, 2021
Project 21-10845
Andre Duurvoort, Sustainability Manager
City of Cupertino, City Manager’s Office
10300 Torre Ave., Cupertino, CA 95014
(408) 777-3362
Via email: AndreD@cupertino.org
Subject: Compiled Final Budget Amendment for CAP Update CEQA Assessment, CEQA GHG Checklist,
CEQA GHG Thresholds, and Additional Engagement and Technical Efforts –
Cupertino CAP Update Support
Dear Mr. Duurvoort,
Pursuant to your request, we are providing this additional work scope for the City of Cupertino Climate
Action Plan (CAP) Update support contract to assist the City in its efforts to prepare environmental
assessment of the CAP Update pursuant to the California environmental Quality Act (CEQA) and State
CEQA Guidelines; prepare City CEQA greenhouse gas (GHG) Checklist and Thresholds for future use in
CEQA GHG emissions analyses; and conduct additional engagement and technical efforts. Presented
here is a budget amendment for services associated with these tasks.
A program Initial Study-Negative Declaration (IS-ND) is typically sufficient CEQA documentation for a
CAP due to generally beneficial environmental impacts associated with the plan. It is rare that a more in
depth CEQA document is required for a CAP update. However, if it is determined during completion of
the Initial Study that CAP measures or actions may result in potentially significant environmental
impacts, a program Environmental Impact Report (EIR) can be prepared for a different scope and cost.
Assembly Bill (AB) 52 Coordination: Once the CAP Update measures and actions are vetted by the City
and as part of stakeholder/public outreach input, Rincon will prepare AB 52 tribal outreach letters for
City use and as required as part of the CEQA process. Specifically, Rincon will submit a request to the
Native American Heritage Commission (NAHC) for the list of latest applicable AB 52 tribes and, upon
response from NAHC, shall prepare correspondence letters regarding the CAP Update IS-ND to those
tribes. The letters will also include a map of City limits to show CAP implementation extent as well as the
list of CAP Update measures and actions. It is assumed that the City would place these letters on City
letterhead and send to the tribes via certified mail and, if available, also via email.
Administrative Draft IS-ND: Once the CAP measures and actions are vetted by the City and as part of
stakeholder/public outreach input, Rincon will prepare a CAP Administrative Draft IS-ND. The
Administrative Draft IS-ND will include plan- and cumulative-level assessment of the CAP update with
regard to the 2021 CEQA Guidelines Appendix G topical areas.
Exhibit A-1: Scope of Services
Compiled Final Budget Amendment
Cupertino Climate Action Plan Update
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
Draft IS-ND: Upon receipt of one set of consolidated vetted comments on the Administrative Draft IS-ND
from the City, Rincon will address comments and prepare and submit tracked and clean versions of the
public Draft IS-ND to the City. In addition, Rincon will prepare the Notice of Intent (NOI) to adopt an IS-
ND and Notice of Availability (NOA) forms. It is assumed that the City would e-file the NOI form with the
State Clearinghouse as well as file with the County Clerk. The Draft IS-ND will be circulated by the City
for public review and comment as well as posted on the City website.
Final Draft IS-ND: Rincon will prepare the final ND form and finalize the IS-ND document, including
preparation of responses to public comments received on the Draft IS-ND. It is assumed that no more
than ten individual comments would be received on the Draft IS-ND. Rincon will also prepare the Notice
of Determination (NOD) form. It is assumed that the City would e-file the NOD form with the State
Clearinghouse as well as file with the County Clerk. Rincon will also attend one Final CAP Update IS-ND
City Council hearing and review/update one round of PowerPoint presentation prepared by the City.
CEQA GHG Checklist: To assist with CEQA tiering for future plans and projects, Rincon will work with the
City to prepare a methodology to streamline CEQA GHG emissions analysis for future City projects. By
having a CEQA GHG Checklist for use by City planning staff and applicants, future City plans and projects
can tier from the CAP programmatic IS-ND for purposes of streamlining future CEQA GHG analyses and
demonstrating consistency with State GHG reduction targets per the2017 CARB Climate Change Scoping
Plan.
CEQA GHG Thresholds: To further strengthen the defensibility of future CEQA GHG analyses that would
tier from the CAP Update CEQA assessment document, Rincon will develop a quantitative CEQA GHG
emissions thresholds of significance along with a guidance document for City staff for purposes of
evaluating quantitative CEQA GHG analyses submitted by applicants. Such City quantitative CEQA GHG
thresholds would be utilized when applicants are not able to meet all of the requirements in the CEQA
GHG Checklist. The GHG efficiency threshold for project- or plan-based CEQA analysis will be based on a
methodology that considers emissions against an efficiency-based service population threshold. The
guidance document will detail a defensible approach for evaluating GHG emissions impacts in analyses
prepared pursuant to CEQA and provide substantial evidence of the methodology’s consideration of
Statewide GHG direction provided by California Air Pollution Control Officers Association (CAPCOA),
California Air Resources Board (CARB), and Office of Planning and Research (OPR) as well as relevant
case law. In addition, Rincon will include assessment of the GHG thresholds as part of the CAP Update
programmatic IS-ND to confirm that appropriate CEQA review of the thresholds occurs as part of a
public review process and in an efficient manner.
Additional Engagement Support: (Rincon) Rincon attended and presented at an additional Sustainability
Commission meeting on October 21, 2021, including meeting preparation and review input on the
powerpoint presentation. In addition, Rincon will attend and present at an additional City Council
meeting on November 16, 2021, including meeting preparation and review input on the powerpoint
presentation. Furthermore, Rincon will also attend one Final CAP Update City Council hearing and
review/update one round of PowerPoint presentation prepared by the City.
(Cascadia) Cascadia provided additional engagement facilitation support via stakeholder meetings
materials preparation and logistics. Note that Cascadia also deducted preparation of materials for the
2nd and 3rd subcommittee meetings from the scope; however, Cascadia will still attend these two
meetings to take notes.
Compiled Final Budget Amendment
Cupertino Climate Action Plan Update
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
Additional Targets Technical Support: Rincon provided additional technical support with regard to the
potential GHG targets. Rincon also provided a mini-memorandum summarizing potential GHG targets
and pathway trajectories over time.
GHG Inventory and Forecast Offroad Update: Rincon’s technical team will update the offroad GHG
emissions analysis in the City’s 2019 GHG inventory and forecast using CARB’s new OFFROAD2021
model. This will include a comprehensive update to the inventory-forecast-SPARQ excel file and the
forecast memo. Rincon will additionally provide a brief write-up of methods for the City to include in the
existing 2019 GHG inventory report.
Additional Project Management: Up to two Rincon representatives will attend up to two additional
monthly meetings with Cupertino to reflect the updated schedule length of time. Additional project
management and coordination time, including invoicing, is also included.
Deliverables (electronic):
▪AB 52 Letters ($1,779)
▪Admin Draft, Draft, & Final IS-ND ($22,832)
▪NOI, NOA, & NOD forms ($958)
▪Attend and prepare for one Final IS-ND public hearing ($1,704)
▪Draft & Final CEQA GHG Checklist ($10,095.50)
▪Draft & Final CEQA GHG Thresholds ($18,982)
▪Additional engagement support by subconsultant, Cascadia ($2,920)
▪Additional engagement support by Rincon ($6,164) + 7.5% subconsultant markup ($219)
▪Additional technical assistance with targets development ($1,440)
▪Updated inventory-forecast-SPARQ excel file, forecast memo, & inventory method write-up ($3,038)
▪Additional project management ($3,376)
This budget amendment request includes the cost of Rincon and Cascadia’s additional labor and
expense for the aforementioned tasks totaling $73,507.50 plus a contingency amount of $4,492.50 for a
total of $78,000. Upon approval, please provide us with a contract amendment or change order
referencing this budget amendment. We sincerely appreciate your consideration of Rincon Consultants
for these assignments. Please contact us with any questions.
Sincerely,
RINCON CONSULTANTS, INC.
Kelsey Bennett, MPA, LEED-AP Erik D. Feldman, MS, LEED-AP
Project Manager Principal-in-Charge
Attachments: Budget Amendment Cost Table Detail (Rincon)
Budget Amendment Cost Table Detail (Cascadia)
Compiled Final Budget Amendment
Cupertino Climate Action Plan Update
4
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
Attachment 1: Budget Amendment Cost Table Detail (Rincon)
Task and Title Rate Hours Labor
Budget
Direct
Expenses
Total Budget
Task 10: AB 52 Coordination 13.00 1,779.00 0.00 1,779.00
Principal I 227.00 1.00 227.00
Senior Supervisor Planner II 211.00 1.00 211.00
Planner III 134.00 2.00 268.00
GIS/CADD Specialist II 129.00 1.00 129.00
Planner II 118.00 8.00 944.00
Task 11: CAP Updt + GHG Thrshlds IS-ND 159.00 25,494.00 0.00 25,494.00
11a: Ad Draft IS-ND 106.00 16,772.00 0.00 16,772.00
Principal I 227.00 4.00 908.00
Senior Supervisor Planner II 211.00 32.00 6,752.00
Planner III 134.00 62.00 8,308.00
GIS/CADD Specialist II 129.00 2.00 258.00
Production Specialist I 91.00 6.00 546.00
11b: Draft IS-ND 27.00 4,214.00 0.00 4,214.00
Principal I 227.00 2.00 454.00
Senior Supervisor Planner II 211.00 7.00 1,477.00
Planner III 134.00 15.00 2,010.00
Production Specialist I 91.00 3.00 273.00
11c: NOI + NOA 4.00 613.00 0.00 613.00
Senior Supervisor Planner II 211.00 1.00 211.00
Planner III 134.00 3.00 402.00
11d: Final IS-ND 12.00 1,846.00 0.00 1,846.00
Principal I 227.00 1.00 227.00
Senior Supervisor Planner II 211.00 3.00 633.00
Planner III 134.00 6.00 804.00
Production Specialist I 91.00 2.00 182.00
11e: Final IS-ND Public Hearing 8.00 1,704.00 0.00 1,704.00
Principal I 227.00 1.00 227.00
Senior Supervisor Planner II 211.00 7.00 1,477.00
11f: NOD 2.00 345.00 0.00 345.00
Senior Supervisor Planner II 211.00 1.00 211.00
Planner III 134.00 1.00 134.00
Task 12: CEQA GHG Checklist 58.50 10,095.50 0.00 10,095.50
12a: Draft CEQA GHG Checklist 43.00 7,477.00 0.00 7,477.00
Principal I 227.00 4.00 908.00
Senior Supervisor Planner II 211.00 18.00 3,798.00
Planner III 134.00 20.00 2,680.00
Production Specialist I 91.00 1.00 182.00
12b: Final CEQA GHG Checklist 15.50 2,618.50 0.00 2,618.50
Principal I 227.00 1.50 340.50
Senior Supervisor Planner II 211.00 5.50 1,160.50
Planner III 134.00 8.00 1,072.00
Production Specialist I 91.00 0.50 45.50
Exhibit C-1: Compensation
Compiled Final Budget Amendment
Cupertino Climate Action Plan Update
5
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
Task 13: CEQA GHG Thresholds 110.00 18,982.00 0.00 18,982.00
13a: Draft CEQA GHG Thresholds 74.00 12,794.00 0.00 12,794.00
Principal II 247.00 4.00 988.00
Senior Supervisor Planner II 211.00 25.00 5,275.00
Planner IV 149.00 42.00 6,258.00
Production Specialist I 91.00 3.00 273.00
13b: Final CEQA GHG Thresholds 36.00 6,188.00 0.00 6,188.00
Principal II 247.00 2.00 494.00
Senior Supervisor Planner II 211.00 12.00 2,532.00
Planner IV 149.00 20.00 2,980.00
Production Specialist I 91.00 2.00 182.00
Task 14: Additional Engagement Support 30.00 6,164.00 0.00 6,164.00
14a: Additional Engagement Support (Rincon) 30.00 6,164.00 0.00 6,164.00
Principal II 247.00 4.00 988.00
Senior Supervisor Planner II 211.00 16.00 3,376.00
Senior Planner II 180.00 10.00 1,800.00
Task 15: Additional Tech (Targets) Support 8.00 1,440.00 0.00 1,440.00
Senior Planner II 180.00 8.00 1,440.00
Task 16: Additional Tech (Offroad Updates
Support
22.00 3,038.00 0.00 3,038.00
Principal II 247.00 1.00 247.00
Senior Supervisor Planner II 211.00 1.00 211.00
Senior Planner II 180.00 2.00 360.00
Planner III 134.00 6.00 804.00
Planner II 118.00 12.00 1,416.00
Task 18: Additional Project Mgmt 20.00 3,376.00 0.00 3,376.00
Senior Supervisor Planner II 211.00 12.00 2,532.00
Planner III 134.00 4.00 536.00
Clerical/Administrative Assistant I 77.00 4.00 308.00
Subconsultant Markup 0.00 0.00 219.00 219.00
Contingency 0.00 0.00 4,492.50 4,492.50
Total 420.50 70,368.50 4,711.50 75,080.00
Compiled Final Budget Amendment
Cupertino Climate Action Plan Update
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
Attachment 2: Budget Amendment Cost Table Detail (Cascadia)
Cupertino CAP
Budget Summary Cascadia Consulting Group, Inc.Labor Expenses
Total, by
Company
Engagement Equity Zero Waste Engagement Total CCG CCG CCG Total
Lead Lead Lead Support Hours Project
215.00 135.00 195.00 120.00
1.Community Outreach & Engagement 5 11 0 3 19 $2,920 $0 $2,920 $2,920
1.1 Targeted Stakeholder Engagement 6 19 9 34 4,935 4,935 4,935
1.2 Subcommittee Support -1 -8 -6 -15 (2,015)(2,015)(2,015)
1.3 Broader Public Engagement 0 0 0 0
1.4 Results Analysis and Documentation 0 0 0 0
1.5 Relationship Building 0 0 0 0
2.Technical Project Plan 0 0 0 0 0 $0 $0 $0 $0
2.1 Memo with budget request/narrative for implementation 0 0 0 0
3.Carbon Neutral & Zero Waste Pathways 0 0 0 0 0 $0 $0 $0 $0
3.1 Admin draft of pathways (zero waste elementt)0 0 0 0
3.2 Public draft of pathways (zero waste element)0 0 0 0
3.3 Final draft report (zero waste element)0 0 0 0
4.Updated GHG forecast to 2050 0 0 0 0 0 $0 $0 $0 $0
5.Adaptation Planning Foundations 0 0 0 0 0 $0 $0 $0 $0
5.1 Technical memo 0 0 0 0
6.Technical Appendices 0 0 0 0 0 $0 $0 $0 $0
6.1 Technical appendices 0 0 0 0
7.Public and Final CAP 0 0 0 0 0 $0 $0 $0 $0
7.1 Internal draft CAP 0 0 0 0
7.2 Public review CAP 0 0 0 0
7.3 Final draft CAP 0 0 0 0
8.Presentation to Sustainability Commission and City Council0 0 0 0 0 $0 $0 $0 $0
8.1 One Commission presentation & one City Council presentation 0 0 0 0
9.PM & Reporting 0 0 0 0 0 $0 $0 $0 $0
9.1 Biweekly email updates, monthly reports, final report 0 0 0 0
TOTAL HOURS 5 11 0 3 19 19
TOTAL COST $1,075 $1,485 $0 $360 $2,920 $0 $2,920 $2,920
1st Amendment to Agreement Rincon
(1)mw_12.21.21 (1)
Final Audit Report 2022-01-18
Created:2022-01-04
By:Gilee Corral (GileeC@Cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAr0QYUt9rVyqF1kHMd88QqQg928Bbbtt4
"1st Amendment to Agreement Rincon (1)mw_12.21.21 (1)" Hist
ory
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Agreement completed.
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