22-097 Service Order #10 dated 11-8-23 HF&H Consultants Solid Waste Consulting - PO 2024-269 CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
MASTER AGREEMENT #:MA Date:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact:
Email Address:
Project Name:
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Consultant:
Manager:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
MA End Date:
Encumbrance this Service Order:
City of Cupertino Master Agreement Service Order
N/A
TBD
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
Description: (simple project description if appropriate)
2023-004 7/26/2022
$350,000 8/31/2025
HF&H Consultants, LLC
201 N Civic Drive, Suite 230 Walnut Creek, CA 94596
Peter Deibler
pdeibler@hfh-consultants.com
(925) 977-6968
Solid Waste Consulting Disposal RFP X
X
SERVICE ORDER NO. 10
Ursula Syrova
$350,000
$271,745
$34,119
$44,136
520-81-801 750-174
11/8/2023
Peter Deibler Nov 8, 2023
Nov 8, 2023
Nov 9, 2023
Service Order 10 Disposal RFP – Added Cost
October 24, 2023
HF&H Consultants, LLC 1
SERVICE ORDER 10 DISPOSAL RFP – ADDED COST
Additional, Unplanned Work
Service Order 10 provides for additional funding to cover the costs incurred by HF&H in responding over
an extended period of time to an unprecedented level of review of the draft RFP package by the City
Attorney’s Office (CAO), and by outside counsel selected by that office. In contrast, Service Order 4
assumed a typical level of effort to complete and release the RFP package.
On May 2, the City Council approved the request by the Public Works Department (Department) to
develop and release a post-collection RFP package by July for MSW processing, C&D processing, and MSW
and residue disposal. HF&H completed an initial draft RFP for Department review and comment,
incorporated comments in a draft RFP, and on June 23 submitted the draft RFP and a draft agreement for
CAO review, beginning the unplanned process as described below. Following are the key milestone
activities that have resulted in HF&H incurring these extra costs over the past three months:
•June 23 – HF&H submits the draft RFP and draft agreement for CAO review.
•July 18 – HF&H receives RFP comments from the CAO and Purchasing Officer.
•July 25 – HF&H participates in a call with Department and CAO to discuss the comments, and
drafts a “RFP Process Summary” in response.
•July 26 – HF&H provides a revised draft of the “RFP Process Summary” for Department staff to
send reviewers. The three-page memo explains in detail why HF&H recommends the proposed
process. The CAO elects to send the RFP, with City comments to outside counsel for further
review.
•August 17 – HF&H participates in a call with Department staff, CAO, Purchasing Officer, and
outside counsel to discuss the further concerns of outside counsel.
•August 28 - HF&H receives the revised draft RFP with the addition of comments by outside
counsel.
•Early September – HF&H reviews the extensive, and in some cases contradictory comments, and
the referenced case law. HF&H tends to believe that the referenced case law supports rather
than refutes the recommended approach, and that HF&H adoption of many of the required
changes would add rather than reduce risk for a successful outcome. In order to break the
impasse with minimal further back-and-forth, HF&H works to identify ways to address as many
of the voiced concerns as possible without increasing risk, and without compromising the
integrity of the process.
•September 14 – HF&H recommends to Department staff use of a modified evaluation process
modeled on that used for two successful Sunnyvale competitive procurements. HF&H provides
a summary of the 2013-14 and 2020-21 processes with annotated documentation from the RFP
through the Council staff report for award, illustrating how the various stages of the process were
conducted and managed.
•September 28 – HF&H participates in a call with Department staff, the Department Director, and
the Purchasing Officer to discuss the proposed Sunnyvale approach; the Purchasing Officer
concurs in its use.
Service Order 10 Disposal RFP – Added Cost
October 24, 2023
HF&H Consultants, LLC 2
•October 2 – HF&H receives approval to revise the RFP to reflect the Sunnyvale process.
•October 20 – HF&H submits a revised RFP that reflects the Sunnyvale process and that addresses
and/or resolves every comment in the document.
Service Order 10 covers the costs incurred through October 23. HF&H has yet to receive CAO comments
to the draft agreement provided in June. As of October 24, HF&H does not know what specific steps will
needed to finalize the RFP and proposal forms, to finalize the agreement as necessary to prepare the
package for release, and how much time and budget will be required to do so.
HF&H will prepare a subsequent service order as soon as we have a clear and mutually agreed sense of
next steps. It is our hope that that service order will cover the tasks necessary to complete the RFP package
for release, and to conduct the various activities, such as facilitate the pre-proposal meeting and prepare
addenda in response to proposer questions that will need to occur prior to submittal of proposals.
Fees for Additional Work Conducted to-Date
In responding to the unplanned RFP review process as described above, HF&H has to-date spent the
budget for all Service Order 4 tasks including those reserved for completing and releasing the RFP package.
In addition, we have incurred 118 hours and $34,119.00 of unplanned expense in excess of the total fee
estimate for Service Order 4. Thus, the fees for Service Order 10 are $34,119.00. HF&H has conducted this
additional work consistent with the billing arrangements and rates included in our master services
agreement with the City. HF&H proposes to invoice for this work as a single task titled “Unplanned RFP
Package Review”.
HF&H Consultants SO 10 Solid Waste
Consulting
Final Audit Report 2023-11-09
Created:2023-11-08
By:Jindy Gonzalez (jindyg@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAPU0wu5-5BTWvAqhPMQeNSFLL8zuR1GjS
"HF&H Consultants SO 10 Solid Waste Consulting" History
Document created by Jindy Gonzalez (jindyg@cupertino.org)
2023-11-08 - 9:06:17 PM GMT
Document emailed to Peter Deibler (pdeibler@hfh-consultants.com) for signature
2023-11-08 - 9:07:36 PM GMT
Email viewed by Peter Deibler (pdeibler@hfh-consultants.com)
2023-11-08 - 11:27:49 PM GMT
Document e-signed by Peter Deibler (pdeibler@hfh-consultants.com)
Signature Date: 2023-11-08 - 11:28:22 PM GMT - Time Source: server
Document emailed to Ursula Syrova (ursulas@cupertino.org) for signature
2023-11-08 - 11:28:24 PM GMT
Email viewed by Ursula Syrova (ursulas@cupertino.org)
2023-11-08 - 11:35:14 PM GMT
Document e-signed by Ursula Syrova (ursulas@cupertino.org)
Signature Date: 2023-11-08 - 11:37:44 PM GMT - Time Source: server
Document emailed to Julia Kinst (juliak@cupertino.org) for signature
2023-11-08 - 11:37:46 PM GMT
Email viewed by Julia Kinst (juliak@cupertino.org)
2023-11-09 - 3:57:38 PM GMT
Document e-signed by Julia Kinst (juliak@cupertino.org)
Signature Date: 2023-11-09 - 4:30:55 PM GMT - Time Source: server
Agreement completed.
2023-11-09 - 4:30:55 PM GMT