Agreement - Hexagon Transportation Consultants, Inc. - Luchessa-Holloway TA - Signed 2022-04-22City of Gilroy
Agreement/Contract Tracking
Today’s Date: April 22, 2022 Your Name: Monica Sendejas
Contract
Type:
Services over $5k - Consultant Phone Number: 408-846-0266
Contract Effective Date:
(Date contract goes into effect)
4/22/2022
Contract Expiration Date: 4/22/2023
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Hexagon Transportation Consultants, Inc.
Contract Subject:
(no more than 100 characters)
Agreement for Services Luchessa-Holloway TA
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
$57,605
By submitting this form, I confirm
this information is complete:
➢Date of Contract
➢Contractor/Consultant name and complete address
➢Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
➢Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
➢Taxpayer ID or Social Security # and Contractors License # if
applicable
➢Contractor/Consultant signer’s name and title
➢City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-1- 4835-2267-0361v1
LAC\04706083
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 22nd day of April, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Hexagon Transportation Consultants, Inc., having a principal place of
business at 4 N 2nd St. #400, San Jose CA, 95113.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on April 22, 2022 and will continue in effect through April
22, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A.Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
B.Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-2- 4835-2267-0361v1
LAC\04706083
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $57,605.00.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-3- 4835-2267-0361v1
LAC\04706083
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT
shall defend, through counsel approved by CITY (which approv al shall not be unreasonably
withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees
against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities
and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly
or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or
CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or
death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against any
and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or i ndirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however,
Professional Liability Insurance written on a claims made basis must comply with the requirements
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-4- 4835-2267-0361v1
LAC\04706083
set forth below. Professional Liability Insurance written on a claims made basis (including without
limitation the initial policy obtained and all subsequent policies purchased as renewals or
replacements) must show the retroactive date, and the retroactive date must be before the earlier
of the effective date of the contract or the beginning of the contract work. Claims made
Professional Liability Insurance must be maintained, and written evidence of insurance must be
provided, for at least five (5) years after the completion of the contract work. If claims made
coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a retroactive date prior to the earlier of the effective date of the contract or the beginning of the
contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage
for a minimum of five (5) years after completion of work, which must also show a retroactive date
that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall
furnish written evidence of such coverage (naming CITY, its officers and employees as additional
insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via
a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation,
or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-5- 4835-2267-0361v1
LAC\04706083
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatical ly terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-6- 4835-2267-0361v1
LAC\04706083
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-7- 4835-2267-0361v1
LAC\04706083
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municip al
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-8- 4835-2267-0361v1
LAC\04706083
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
CITY OF GILROY
By: By:
Name: Robert Del Rio Name: Jimmy Forbis
Title: Vice President, Principal Associate Title: City Administrator
Social Security or Taxpayer
Identification Number 77-0478675
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-9- 4835-2267-0361v1
LAC\04706083
Approved as to Form ATTEST:
City Attorney City Clerk
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-1- 4835-2267-0361v1
LAC\04706083
EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Gicela Del Rio, who will act in the capacity
of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Miguel
Contreras, Planner I shall be the designated City contact person(s). Notice to Proceed shall be
deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered
as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may reques t
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-2- 4835-2267-0361v1
LAC\04706083
Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-3- 4835-2267-0361v1
LAC\04706083
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-4- 4835-2267-0361v1
LAC\04706083
H. NOTICES.
Notices are to be sent as follows:
CITY: Miguel Contreras
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Hexagon Transportation Consultants, Inc.
Att. Gicela Del Rio
4 N 2nd St. #400
San Jose CA, 95113
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-1- 4835-2267-0361v1
LAC\04706083
EXHIBIT “B”
SCOPE OF SERVICES
The proposed scope of services was developed by Hexagon staff based on their understanding of
the project and their knowledge of the City’s traffic study requirements. The purpose of the traffic
analysis is to satisfy the requirements of the City of Gilroy, Caltrans, the Congestion Management
Program (CMP) of the Santa Clara Valley Transportation Authority (VTA), and CEQA. The study
will determine the traffic impacts of the proposed project on the transportation network in the
vicinity of the site.
Historically, traffic impact analysis has focused on the identification of traffic impacts and
potential roadway improvements to relieve traffic congestion that may result due to proposed
growth based on delay. However, with the adoption of Senate Bill (SB) 743 legislation, effective
July 1, 2020, public agencies are required to base transportation impacts on vehicle miles traveled
(VMT) rather than congestion and delay metrics, such as Level of Service (LOS), as the
measurement for CEQA transportation analysis. The change in measurement is intended to better
evaluate the effects on the state’s goals for climate change and multi-modal transportation. In
adherence to SB 743, the City of Gilroy is currently developing the framework for new policies
based on the implementation of VMT as the primary measure of transportation impacts. Therefore,
the effects and impacts to the transportation network as the result of the implementation of the
proposed project will be evaluated based on VMT.
However, the City of Gilroy currently uses LOS as their adopted methodology for the evaluation
of the effects of new development and land use changes on the local transportation network. In
addition, the City is still required to conform to the requirements of the VTA, which establishes a
uniform program for evaluating the transportation impacts of land use decisions on the designated
CMP Roadway System. Therefore, in addition to the evaluation of VMT, this transportation study
also will include roadway capacity analyses, based on level of service, to evaluate the effects of
the proposed project on the citywide transportation system, including intersections, freeway
segments, and freeway ramps. The level of service analysis is presented to determine conformance
to General Plan transportation policies. However, the determination of project impacts per CEQA
requirements is based solely on the VMT analysis.
See the attached proposal for the full scope of work.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
March 31, 2022
Mr. Miguel Contreras
City of Gilroy
Public Works Department
7351 Rosanna Street
Gilroy, CA 95020
Subject: Proposal to Prepare a Transportation Analysis for the Proposed Development of the
Holloway and Luchessa Sites in Gilroy, California
Dear Mr. Contreras:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a Transportation
Analysis for the proposed development of two sites, referred to as the Holloway and Luchessa sites, in the
City of Gilroy, California. The project sites are located in the area generally bound by US 101 to the west,
Holloway Road to the north, and Luchessa Avenue to the south, in the southeast part of Gilroy. The
project sites are currently undeveloped and are designated as General Industrial in the City of Gilroy 2040
General Plan. The Zoning Map designation for the site is General Industrial (M2).
A feasibility study for the proposed development was conducted in February of this year. The feasibility
study was conducted for the purpose of providing a better understanding of potentially significant
transportation impacts and traffic constraints in the project area with implementation of the proposed
project. The analysis includes a CEQA VMT analysis and a roadway capacity analysis (based on level of
service) to determine conformance to adopted General Plan transportation policies. The feasibility study
was completed with the best available information to estimate CEQA transportation impacts and other
intersection/roadway deficiencies associated with the project. Findings of the feasibility study were
summarized in a memo report dated February 7, 2022. However, the feasibility study does not constitute a
comprehensive Transportation Analysis of the project, which is required as part of the environmental
review process for each of the proposed site developments.
The Transportation Analysis will utilize, to the maximum extent possible, the analysis that was completed
for the feasibility study. However, both the CEQA VMT analysis and the roadway capacity analysis
presented in the feasibility study report will have to be revised to reflect the following changes and new
analyses:
• New project description and site plan
• New intersection and roadway segment traffic counts (recently collected traffic count data will be
utilized; collection of new counts at one new location is proposed)
• Latest list of approved and pending projects in the study area
• Evaluation of proposed project under three possible roadway networks
• Saturday peak-hour analysis
Project Description
The project consists of the development of two undeveloped sites as part of two separate development
projects. The project sites and proposed projects are described below.
The Luchessa site project description has changed since the completion of the feasibility study.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 2 of 11
Holloway Site – (APN: 841-67-029)
The project site is located along the south side of Holloway Road, east of Camino Arroyo and along the
north side of the Princevalle Channel.
As proposed, the Holloway Site would be developed with a high-quality warehouse and distribution center.
Up to three buildings would be constructed for a total of 523,520 square-feet (s.f.) of warehouse and
distribution facility.
Currently, all access to this site is provided from Holloway Road, via the Camino Arroyo/Pacheco Pass
Highway (SR 152) intersection. As part of the site development, the proposed project might be required to
build a new public street along its eastern or western project site boundary, providing a second access to
the project site and the northern segment of a future new north/south connection between Holloway Road
and Luchessa Avenue.
Luchessa Site (Gilroy Crossings Project) – (APN: 841-73-007 and 841-73-008)
The project site is located at 625 E. Luchessa Avenue, north and east of the existing Luchessa Avenue
eastern terminus point where it connects to Rossi Lane. Existing buildings are located on both the east
and west sides of the site, and the Princevalle Channel is located along the site’s north side.
As proposed, the Luchessa Site would be developed with three state-of-the-art industrial logistics
buildings (Building 1: approximately 212,000 s.f., Building 2: approximately 393,000 s.f., and Building 3:
approximately 483,000 s.f.) totaling approximately 1.1 million s.f. Each site will be designed to
accommodate multiple tenants to capture the diverse tenant demand within the market.
Currently, there are no existing roadways that provide access to the Luchessa site. With the development
of this site, Luchessa Avenue would need to be extended eastward along the site’s southern boundary to
provide direct access to the project site. Additionally, the proposed project also proposes to dedicate the
right-of-way and construct a new public street along its eastern project site boundary (potentially, the new
public street could also extend along its western project site boundary), which would provide secondary
access to the project site and the southern segment of a future new north/south connection between
Holloway Road and Luchessa Avenue. Both the Luchessa Avenue extension and the new north/south
public street roadway segments would be dedicated to the City of Gilroy.
This scope of services was developed by Hexagon staff based on our knowledge of City of Gilroy traffic
study requirements. The City of Gilroy has not yet reviewed the scope of work below. Therefore, upon
their review, City staff may request changes to the scope of work or additional work elements not included
in our proposal.
Roadway Network
The recently adopted City of Gilroy 2040 General Plan includes roadway improvements throughout the
city that will support the projected growth associated with buildout of the General Plan. Some of these
planned improvements would directly affect the project area by changing travel patterns. Planned roadway
network improvements in the project area include:
• The extension of Luchessa Avenue from its current terminus point at Rossi Lane eastward to
connect to the future Cameron Boulevard extension.
• The extension of Cameron Boulevard to the north to connect to Marcella Avenue at Leavesley
Road and to the south to connect to and past the Luchessa Avenue extension, terminating at the
Southside Drive extension.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 3 of 11
• The extension of Rossi Lane from its current terminus point at Luchessa Avenue northward to
connect to Holloway Road.
As planned in the General Plan roadway network, the extension of Rossi Lane between Luchessa
Avenue/Rossi Lane and Holloway Road would provide a connection between the commercial areas
located along SR 152, east of US 101, and the south and southwest parts of Gilroy. With the development
of the proposed project, however, the planned Rossil Lane extension would be replaced with one of three
possible roadway connections between SR 152 and the adjacent commercial areas to Luchessa Avenue.
The three new roadway connections being investigated are the following:
Option 1: a new north/south roadway that would extend from the current Luchessa Street terminus point,
along the project’s western site boundary, and connect to Holloway Road at approximately 900 feet west
of Camino Arroyo.
Option 2: a new north/south roadway that would extend from the Luchessa Street extension (southeast
corner of the Luchessa site), along the project’s eastern site boundary, and connect to Holloway Road at
approximately 400 feet west of Camino Arroyo.
Option 3: a new east/west roadway that would extend from the Luchessa Street extension (southeast
corner of the Luchessa site), along the existing UNFI site’s southern boundary, and connect to the existing
Cameron Boulevard terminus point, which is currently consists of a cul-de-sac that provides direct access
to the UNFI site.
Therefore, this study will evaluate operations of the proposed project under the following roadway
networks:
• Current roadway network (no direct connection between Luchessa Avenue and Holloway Road).
This scenario possibly could occur if only one of the sites is developed and thus will be evaluated
for each site separately and together.
• With new roadway Option 1, hereafter also referred to as the western Luchessa/Holloway
connection. This scenario will be evaluated for both project sites together.
• With new roadway Option 2, hereafter also referred to as the eastern Luchessa/Holloway
connection. This scenario will be evaluated for both project sites together.
• With new roadway Option 3, hereafter also referred to as the Luchessa/Cameron connection. This
scenario will be evaluated for both project sites together.
Additionally, since implementation of one of the above referenced new roadway connections would
replace the Rossi Lane extension to Holloway Road assumed in the General Plan roadway network, an
evaluation of roadway traffic conditions and a General Plan Amendment also will be required.
SCOPE OF SERVICES
Our proposed scope of services was developed by Hexagon staff based on our understanding of the
project and our knowledge of the City’s traffic study requirements. The purpose of the traffic analysis is to
satisfy the requirements of the City of Gilroy, Caltrans, the Congestion Management Program (CMP) of
the Santa Clara Valley Transportation Authority (VTA), and CEQA. The study will determine the traffic
impacts of the proposed project on the transportation network in the vicinity of the site.
Historically, traffic impact analysis has focused on the identification of traffic impacts and potential
roadway improvements to relieve traffic congestion that may result due to proposed growth based on
delay. However, with the adoption of Senate Bill (SB) 743 legislation, effective July 1, 2020, public
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 4 of 11
agencies are required to base transportation impacts on vehicle miles traveled (VMT) rather than
congestion and delay metrics, such as Level of Service (LOS), as the measurement for CEQA
transportation analysis. The change in measurement is intended to better evaluate the effects on the
state’s goals for climate change and multi-modal transportation. In adherence to SB 743, the City of Gilroy
is currently developing the framework for new policies based on the implementation of VMT as the primary
measure of transportation impacts. Therefore, the effects and impacts to the transportation network as the
result of the implementation of the proposed project will be evaluated based on VMT.
However, the City of Gilroy currently uses LOS as their adopted methodology for the evaluation of the
effects of new development and land use changes on the local transportation network. In addition, the City
is still required to conform to the requirements of the VTA, which establishes a uniform program for
evaluating the transportation impacts of land use decisions on the designated CMP Roadway System.
Therefore, in addition to the evaluation of VMT, this transportation study also will include roadway capacity
analyses, based on level of service, to evaluate the effects of the proposed project on the citywide
transportation system, including intersections, freeway segments, and freeway ramps. The level of service
analysis is presented to determine conformance to General Plan transportation policies. However, the
determination of project impacts per CEQA requirements is based solely on the VMT analysis.
VMT Evaluation Methodology and Criteria
Pursuant to SB 743, the Governor’s Office of Planning and Research (OPR) released the current CEQA
Guidelines Update (Technical Advisory on Evaluation Impacts in CEQA) in December 2018, which
proposes VMT as the replacement metric for LOS in the context of CEQA. While OPR emphasizes that a
lead agency has the discretionary authority to establish thresholds of significance, the Final Guidelines
suggests criteria that indicate when a project may have a significant, or less than significant, transportation
impact on the environment. In accordance with CEQA, all proposed projects are required to analyze
transportation as a component of environmental review using average trip length per resident and/or per
employee as metrics (total VMT for retail/commercial projects).
Since the City of Gilroy has yet to formally adopted its own City-specific guidelines for the CEQA
evaluation of projects based on VMT, the City relies on OPR’s VMT analysis guidelines and impact
threshold recommendations as they work towards establishing their own guidelines. Thus, for the purpose
of this analysis, a comparison of the citywide VMT (or baseline VMT) versus the project’s VMT is made to
determine the effects of the proposed project on VMT. The VMT analysis will utilize OPR’s
recommendation of 15 percent (%) below baseline conditions as the threshold to identify potential VMT
impacts for employment projects.
The Valley Transportation Authority (VTA) VMT Evaluation Tool was developed to streamline the analysis
for development projects in Santa Clara County, however, it has the capability to analyze only the most
common land uses consisting of residential, office, and industrial land uses. For non-residential or non-
office projects, very large projects, or projects that can potentially shift travel patterns, the City’s TDF
Model, or other City-approved method, can be used to determine project VMT. As it was done for the
feasibility study, the VTA VMT Evaluation Tool will be utilized for the VMT evaluation of the project.
VMT will be calculated for each of the individual developments. Based on the VMT analysis presented in
the project’s feasibility study, it is anticipated that the proposed project will have a VMT impact. If a project
is found to have a significant impact on VMT, the impact must be reduced by modifying the project to
reduce its VMT to an acceptable level (below the identified thresholds of significance), mitigating the
impact through multimodal transportation improvements, implementing applicable transportation demand
management (TDM) measures, and/or by establishing a trip cap. Possible measures to mitigate the
project VMT impact will be identified in the report.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 5 of 11
Roadway Capacity Analysis
For conformance with City of Gilroy General Plan transportation policies, the project will be required to
complete an analysis of the effects of project traffic on the local transportation system, or a roadway
capacity analysis. The roadway capacity analysis will include the evaluation of intersections based on
delay/level of service. A roadway segment analysis also will be completed to evaluate the effect of the
Luchessa/Holloway connection on operations along other roadway in the project area.
A roadway capacity analysis was completed as part of the project’s feasibility study, which included
capacity analyses at intersections, roadway segments, freeway segments, and freeway ramps. However,
these analyses will have to be revised to reflect new traffic data, background information, and project
description.
It is proposed that the same study facilities evaluated for the feasibility study (22 intersections, 8 roadway
segments, 6 freeway segments, and two freeway interchanges) be included in the Transportation
Analysis. The study facilities will be evaluated during the weekday AM and PM peak commute hours. In
addition, because the project sites are located within a commercial area, the intersections and roadway
segments also will be evaluated during the Saturday peak-hour. The list of study facilities will be finalized
in coordination with City staff. Additional study facilities will require authorization and additional budget.
The study intersections, roadway segments, freeway segments, and freeway ramps are listed below.
Study Intersections
1. Monterey Road and Tenth Street
2. Alexander Street and Tenth Street
3. Chestnut Street/Automall Parkway and Tenth Street
4. US 101 Southbound Ramps and Tenth Street
5. US 101 Northbound Ramps and Pacheco Pass Highway (SR 152)
6. Camino Arroyo and Pacheco Pass Highway (SR 152)
7. Silacci Way and Pacheco Pass Highway (SR 152)
8. Cameron Boulevard and Pacheco Pass Highway (SR 152)
9. Gilroy Foods and Pacheco Pass Highway (SR 152)
10. Holsclaw Road and Pacheco Pass Highway (SR 152) (unsignalized)
11. Frazier Lake Road and Pacheco Pass Highway (SR 152)
12. Monterey Road and Luchessa Avenue
13. Automall Parkway and Luchessa Avenue
14. US 101 SB Rams and Monterey Road
15. US 101 NB Off-Ramp and Monterey Road
16. Camino Arroyo and Gilroy Crossing
17. Camino Arroyo and Holloway Road (unsignalized)
18. Cameron Boulevard and Venture Way (unsignalized)
19. Cameron Boulevard and Luchessa Avenue (Future)
20. Luchessa/Holloway Connection and Holloway Road (Future)
21. Luchessa/Holloway Connection and Luchessa Avenue (Future)
22. Rossi Lane and Luchessa Avenue (Future)
Study Roadway Segments
1. Camino Arroyo, between SR 152 and Holloway Road
2. Holloway Road, west of Camino Arroyo
3. SR 152, between US 101 and Camino Arroyo
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 6 of 11
4. Tenth Street, between Chestnut Street and US 101
5. Luchessa Avenue, between Rossi Lane and Luchessa/Holloway Connection (Future)
6. Luchessa Avenue, between Automall Parkway and Rossi Lane
7. Luchessa Avenue, between Monterey Road and Automall Parkway
8. Monterey Road, between Tenth Street and Luchessa Avenue
Study Freeway Segments
1. US 101, between SR 25 and Monterey Road
2. US 101, between Monterey and Pacheco Pass Highway
3. US 101, between Pacheco Pass Highway and Leavesley Road
4. US 101, between Leavesley Road and Buena Vista Road
5. US 101, between Buena Vista Road and Masten Avenue
6. US 101, between Masten Avenue and San Martin Avenue
Study Freeway Ramps
1. US 101 at Tenth Street
2. US 101 at Monterey Road
Study Scenarios
The key transportation facilities will be evaluated for the following study scenarios:
Existing Conditions: Existing traffic volumes on the existing roadway network.
Background Conditions: Existing + approved developments on the existing roadway network.
Background + Project Conditions: Existing + approved developments + project trips. This
scenario will be evaluated for each project site separately and together under the existing
roadway network and for both project sites combined under the three new roadway connection
options (discussed above).
Cumulative Conditions: Existing + approved developments + potential developments on the
existing roadway network.
Cumulative + Project Conditions: Existing + approved developments + potential developments +
project trips for both project sites combined under the three new roadway connection options.
2040 General Plan Conditions: Adopted Year 2040 General Plan buildout traffic volumes on the
General Plan roadway network (including the planned Luchessa Avenue and Rossi Lane
extensions to Cameron Boulevard and Holloway Road, respectively).
2040 General Plan + Project Conditions: Year 2040 General Plan buildout traffic volumes +
project trips for both project sites combined (with one of the proposed new roadway
connections) on the General Plan roadway network. Under this scenario, the Rossi Lane
extension and possible the Luchessa Avenue extension to Cameron Boulevard assumed in the
adopted General Plan roadway network will be replaced with the new proposed roadway
connection.
The Gilroy 2040 General Plan TDF model will be utilized to obtain 2040 General Plan conditions traffic
volumes without and with the project under the planned and proposed roadway network.
Scope Tasks
The tasks to be included in the roadway capacity analysis are described below. Most of the tasks were
completed in the feasibility study, however, would have to be updated/revised.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 7 of 11
1. Site Reconnaissance (New). The physical characteristics of the site and the surrounding roadway
network will be reviewed to identify existing roadway cross-sections, intersection lane configurations,
traffic control devices, and surrounding land uses.
2. Observation of Existing Conditions (New). Existing traffic conditions will be observed in the field in
order to identify any operational deficiencies and to confirm the accuracy of calculated levels of
service.
3. Data Collection (New). New traffic counts at one of the study intersections (intersection of Cameron
Boulevard and Venture Way) will be collected. Traffic count data recently collected at the remaining
study intersections for the evaluation of other projects in the area will be utilized for this analysis.
Because current traffic conditions on the roadway network may be consider atypical due to the
unprecedented conditions caused by the Covid19 pandemic, collected traffic count data will be
compared to available pre-pandemic traffic counts and 2020 counts to determine if the new counts are
representative of what should be current traffic conditions, and/or to derive a growth factor to be
applied to the available/new counts. Collecting additional counts will require authorization and
additional budget.
4. Evaluation of Existing Conditions (Update). The existing traffic conditions at the study intersections
will be evaluated with the Santa Clara County CMP level of service methodology, TRAFFIX, using
current conditions peak-hour traffic volumes.
5. Evaluation of Background/Approved Conditions (Update). Traffic volumes from approved
developments will be added to the existing peak-hour volumes to obtain traffic volumes for background
conditions. A list of approved projects (including size, use, and location) will be obtained from the City
of Gilroy Planning Division for this task. Improvements associated with approved developments will be
assumed as directed by the City of Gilroy. Intersection levels of service under background conditions
will be evaluated using the CMP methodology.
6. Site Traffic Projections (Revise). Project traffic estimates included in the feasibility study and
calculated based on ITE trip generation rates will be updated to reflect the new project description.
Alternatively, new project generated traffic will be estimated based on other applicable trip generation
rates, as recommended by City staff.
7. Trip Distribution and Assignment (New). The directional distribution of site-generated traffic utilized
in the feasibility study, which was derived based on information obtained from the City’s traffic
forecasting model without and with the proposed Luchessa/Holloway connection, will be reviewed and
utilized for this analysis. The site-generated traffic will be added to the roadway network based on the
directions of approach and departure discussed above, travel patterns, and proposed project site
access points. Project traffic will be assigned to the existing roadway network and under all three new
roadway connection options.
8. Evaluation of Background + Project Conditions (New). Project-generated traffic will be added to
background traffic volumes to yield traffic volumes under background + project conditions. This
scenario will be evaluated for each project site separately and together under the existing roadway
network and for both project sites combined under the three new roadway connection options. The
separate site evaluation will identify traffic conditions if only one of the sites is developed. Intersection
levels of service under project conditions will be evaluated using the CMP methodology.
9. Evaluation of Cumulative Conditions (New). This scenario represents traffic conditions with the
addition of traffic from approved and potential developments, not including the project or the new
roadway connection.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 8 of 11
10. Evaluation of Cumulative Plus Project Conditions (New). This scenario represents traffic
conditions with buildout of the proposed project (both project sites) as well as all other approved and
potential projects in the area on the future roadway network. This scenario will be evaluated under the
three proposed new roadway connections. This scenario will estimate the future traffic demand on the
proposed new roadway connection generated by all approved and potential projects, including the
proposed project.
11. Evaluation of 2040 General Plan Conditions. 2040 General Plan conditions represent traffic
conditions with buildout of the adopted 2040 General Plan on the planned roadway network.
Intersection levels of service under General Plan conditions will be evaluated using the CMP
methodology. This scenario is the same as identified in the feasibility study.
12. Evaluation of 2040 General Plan Plus Project Conditions (New). This scenario will evaluate 2040
General Plan conditions with implementation of the proposed project (both project sites). Under this
scenario, the Rossi Lane extension and possible the Luchessa Avenue extension to Cameron
Boulevard assumed in the adopted General Plan roadway network will be replaced with the new
proposed roadway connection. This scenario will identify the effect of the proposed project and
proposed change in the planned roadway network on adopted General Plan traffic conditions,
representing the General Plan Amendment for the proposed project. Traffic volumes for General Plan
conditions with the project will be obtained from the City’s traffic demand forecasting model.
Intersection levels of service under General Plan conditions will be evaluated using the CMP
methodology.
13. Roadway Segment Analysis (New). Future conditions along each of the studied roadway segments
will be evaluated using average daily traffic (ADT) volumes (obtained from new tube counts and from
the TDF model) to identify the potential traffic pattern changes associated with the proposed new
roadway connection (all three options) and its effects on the planned roadway network.
14. Signal Warrant Analysis (Update). The need for future signalization of the unsignalized study
intersections will be evaluated on the basis of the Peak Hour Warrant (Warrant 3 – Part B) in the
California Manual on Uniform Traffic Control Devices. The warrant will be evaluated using peak-hour
volumes for all study scenarios.
15. Freeway Segment Analysis (Update). Freeway level of service will be determined in accordance with
the Santa Clara County CMP guidelines for freeway analyses. The analysis will include evaluation of
AM and PM peak-hour freeway conditions for existing and project conditions. Deficiencies to freeway
segments caused by the project, if any, will be identified.
16. Freeway Ramp Analysis (Update). Existing traffic volumes at the study freeway ramps will be
obtained from the existing traffic count data. Field measurements of existing vehicular queues and
ramp meter rates will be completed and supplemented with previously collected data at the study
freeway ramps. The freeway ramp analysis will evaluate the effects of project traffic on traffic volumes
and queue lengths at the study freeway ramps.
17. Evaluation of Vehicle Queue (New). For selected locations specified by City staff and/or where the
project is projected to add a significant number of turning traffic, the adequacy of existing storage at
turn pockets will be assessed by means of comparison with expected maximum vehicle queues.
Vehicular queue lengths will be evaluated at key intersections surrounding the project site under the
three new roadway connection options.
18. Site Access, On-Site Circulation, and Parking Analysis (New). A review of the project site plan will
be performed to determine if adequate site access and on-site circulation are provided and to identify
any access or circulation issues that should be improved. This will include a quantitative analysis of
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 9 of 11
the anticipated traffic volumes at the site’s driveways, as well as a qualitative analysis of the proposed
site access and site layout. The review will be based on the site’s overall anticipated trip generation
and consider the following: sight distance, vehicle queuing at site access intersections and on-site,
traffic control requirements, driveway locations and alignment, on-site layout and circulation, and
pedestrian access and circulation. Additionally, the proposed parking supply on the site will be
compared to City parking requirements and documented in the traffic report.
19. Bicycle, Pedestrian, and Transit Facilities (New). A qualitative analysis of the project’s effect on
transit service and bicycle/pedestrian circulation in the study area will be conducted. Bicycle and
pedestrian circulation will be reviewed for consistency with the City’s General Plan, the
Bicycle/Pedestrian Transportation Plan, and the Complete Streets Policy. Connectivity between the
project site and the adjacent land uses, as well as pedestrian circulation within the project area, will be
reviewed and possible improvements identified, if necessary.
20. Description of Impacts and Recommendations (Update). Based on the results of the above
analyses, deficiencies to the roadway network as the result of the site-generated traffic will be
identified. Recommendations will be formulated that identify the locations and types of improvements
or modifications necessary to mitigate significant project impacts. Improvements could include street
widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic
signals.
21. Reports (New). Our findings and recommendations will be summarized in an administrative draft
report for review by the City Transportation Engineer. Hexagon Transportation Consultants will
respond to editorial comments on the administrative draft and prepare a draft report for review by the
environmental consultant and/or City Planning staff. Comments received on the draft report will be
addressed and a final traffic report will be developed.
22. Response to Comments (New). Hexagon will assist the City and the environmental consultant in
responding to comments on the traffic section of the environmental document. The fee estimate
includes up to 8 hours of Hexagon staff time to responding to comments.
23. Meetings (New). Our cost estimate includes Hexagon staff attendance at up to two meetings with City
and/or project team in connection with the project. Additional meetings will require authorization and
additional budget.
24. Public Meetings (New). Our cost estimate includes Hexagon staff attendance at two public meetings
(one Planning Commission meeting and one City Council meeting) in connection with this project.
Additional meetings will require authorization and additional budget.
ADDITIONAL SERVICES
Any work not specifically referenced in the above Scope of Services—for example, analyzing a different
project description, analyzing additional intersections or scenarios, analyzing different phases of
development, attending additional meetings, and providing engineering drawings or cost estimates for
mitigation measures—shall be considered additional services. Additional services will require additional
budget and time.
TIME OF PERFORMANCE
We are prepared to start work on this project immediately upon notice to proceed. Barring any unforeseen
delays, the administrative draft report will be submitted ten weeks after (1) authorization to proceed, (2)
receipt of all requested project information from the project applicant, and (3) receipt of all data provided or
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 10 of 11
required by the City. The draft and final reports will each be delivered one week after receipt of all
respective review comments.
COST OF SERVICES
The cost for services rendered under this agreement (VMT evaluation and Work Items 1 through 24
associated with the roadway capacity analysis), as outlined above, will be billed on a time and expenses
basis, not to exceed $57,605. Billing will be conducted monthly, on a percent complete basis. Additional
Services shall be provided upon authorization and, if requested, will be billed separately. This price quote
is good for 90 days and assumes that all project-related activities will be completed within one year.
Extended project schedules will require additional budget for project administration.
OPTIONAL SERVICES – NEW INTERSECTION LANE GEOMETRICS DRAWINGS
As an optional service, Hexagon will prepare planning level intersection lane configuration drawings at
new intersections formed with the proposed new roadway connections (three options) at Holloway Road,
Luchessa Avenue, and Cameron Boulevard. The intersection lane geometrics will be determined based
on the projected traffic levels and in coordination with City staff. Drawings for up to five locations will be
prepared showing the required right-of-way, number of lanes, and lane widths.
The cost associated with the Optional Services will be the amount of $15,000, for a total of $72,605 for
both the Transportation Analysis and the optional services.
We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have
any questions, please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Gicela Del Rio, T.E.
Senior Associate
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Mr. Miguel Contreras
March 31, 2022
Page 11 of 11
Project Cost Breakdown 3/31/22
Luchessa-Holloway Site Development TA Gilroy, Ca
Task Labor Direct Total
Task Description Staff Hours Cost Cost /a/Task Cost
0 CEQA VMT Analysis (Update) 6 $1,240 $1,240
1 Site Reconnaissance (New) 1 $195 $195
2 Observation of Existing Conditions (New) 2 $390 $390
3 Data Collection (New) 2 $390 $600 $990
4 Evaluation of Existing Conditions (Update) 5 $1,010 $1,010
5 Evaluation of Background/Approved Conditions
(Update)
5 $1,010 $1,010
6 Site Traffic Projections (Revise) 2 $390 $390
7 Trip Distribution and Assignment (4) (New) 8 $1,630 $1,630
8 Evaluation of Project Conditions (New) 22 $4,570 $4,570
9 Evaluation of Cumulative Conditions (New) 5 $1,010 $1,010
10 Evaluation of Cumulative + Project Conditions
(New)
22 $4,570 $4,570
11 Evaluation of General Plan Conditions 0 $0 $0
12 Evaluation of General Plan + Project (New) 24 $4,890 $4,890
13 Roadway Segment Analysis (New) 16 $3,260 $3,260
14 Signal Warrant Analysis (Update) 2 $390 $390
15 Freeway LOS Analysis (Update) 4 $780 $780
16 Freeway Ramp Analysis (Update) 6 $1,240 $1,240
17 Evaluation of Vehicle Queue (New) 10 $2,090 $2,090
18 Site Access, On-Site Circulation, Parking (New) 12 $2,690 $2,690
19 Bicycle, Pedestrian, and Transit Facilities (New) 4 $920 $920
20 Description of Impacts and Recommendations
(Update)
4 $920 $920
21 Reports (New) 86 $19,050 $19,050
22 Response to Comments (New) 8 $1,840 $1,840
23 2 Meetings (Project Team) (New) 3 $690 $690
24 2 Meetings (Public) (New) 8 $1,840 $1,840
Project Totals 267 $57,005 $600 $57,605
/a/ Direct costs are associated with data collection.
Note: This budget table is for informational purposes. Hexagon reserves the right to move budget around among tasks,
as required, provided the total budget is not exceeded.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
-1- 4835-2267-0361v1
LAC\04706083
EXHIBIT “C”
MILESTONE SCHEDULE
See attached.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
Task Cost Breakdown 3/31/22
Luchessa-Holloway Sites Transportation Analysis
Schedule
Staff Hours
Principal Sr. Associate Associate Total Staff Task Labor Direct Total Estimated Task
$250 $230 $195 Hours Cost Cost /a/ Cost Completion
Task Description
CEQA VMT Analysis
1 Revise VMT Analysis (VTA VMT Evaluation Tool)2.0 4.0 6.0 $1,240 $1,240 Weeks 1
Subtotal 0.0 2.0 4.0 6.0 $1,240 $0 $1,240
Roadway Capacity Analysis
1 Site Reconnaissance (New)1.0 1.0 $195 $195 Weeks 1
2 Observation of Existing Conditions (New)2.0 2.0 $390 $390 Weeks 1
3 Data Collection (New)2.0 2.0 $390 $600 $990 Weeks 1-2
4 Evaluation of Existing Conditions (Update)1.0 4.0 5.0 $1,010 $1,010 Weeks 2
5 Evaluation of Background/Approved Conditions (Update)1.0 4.0 5.0 $1,010 $1,010 Week 2-3
6 Site Traffic Projections (Revise)2.0 2.0 $390 $390 Weeks 2
7 Trip Distribution and Assignment (4) (New)2.0 6.0 8.0 $1,630 $1,630 Weeks 2
8 Evaluation of Project Conditions (New)8.0 14.0 22.0 $4,570 $4,570 Weeks 3-4
9 Evaluation of Cumulative Conditions (New)1.0 4.0 5.0 $1,010 $1,010 Weeks 3-4
10 Evaluation of Cumulative + Project Conditions (New)8.0 14.0 22.0 $4,570 $4,570 Weeks 4
11 Evaluation of General Plan Conditions 0.0 0.0 0.0 $0 $0 Weeks 4-5
12 Evaluation of General Plan + Project (New)6.0 18.0 24.0 $4,890 $4,890 Weeks 5-6
13 Roadway Segment Analysis (New)4.0 12.0 16.0 $3,260 $3,260 Weeks 7
14 Signal Warrant Analysis (Update)2.0 2.0 $390 $390 Weeks 7
15 Freeway LOS Analysis (Update)4.0 4.0 $780 $780 Weeks 7
16 Freeway Ramp Analysis (Update)2.0 4.0 6.0 $1,240 $1,240 Weeks 7-8
17 Evaluation of Vehicle Queue (New)4.0 6.0 10.0 $2,090 $2,090 Weeks 8
18 Site Access, On-Site Circulation, Parking (New)10.0 2.0 12.0 $2,690 $2,690 Weeks 8
19 Bicycle, Pedestrian, and Transit Facilities (New)4.0 4.0 $920 $920 Weeks 8
20 Description of Impacts and Recommendations (Update)4.0 4.0 $920 $920 Weeks 9
Subtotal 0.0 55.0 101.0 156.0 $32,345 $600 $32,945
Reports & Meetings
21 Reports (New)70.0 14.0 84.0 $18,830 $220 $19,050 Weeks 8-10
22 Response to Comments (New)8.0 8.0 $1,840 $1,840
23 2 Meetings (Project Team) (New)3.0 $690 $690
24 2 Meetings (Public) (New)8.0 8.0 $1,840 $1,840
Subtotal 0.0 89.0 14.0 100.0 $23,200 $220 $23,420
Project Totals 0 146 119 262 $56,785 $820 $57,605 10 Weeks Total
Optional Services
New Intersection Lane Geometrics Drawings 10.0 64.0 74.0 $14,980 $20 $15,000 Weeks 7-9
Subtotal 10.0 0.0 64.0 74.0 $14,980 $20 $15,000
Total With Optional Services 10 146 183 336 $71,765 $840 $72,605 10 Weeks Total
/a/ Direct costs are associated with data collection costs, mileage, and administration.
Note: This budget table is for informational purposes. Hexagon reserves the right to move budget around among tasks, as required, provided the total budget is not exceeded.
Budget
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396
4835-2267-0361v1
LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
The cost for services rendered under this agreement (VMT evaluation and Work Items
1 through 24 associated with the roadway capacity analysis), as outlined above, will be billed
by Hexagon on a time and expenses basis, not to exceed $57,605.00. Billing will be conducted
monthly, on a percent complete basis. Additional Services shall be provided upon
authorization and, if requested, will be billed separately. This price quote assumes that all project-
related activities will be completed within one year. Extended project schedules will require
additional budget for project administration.
DocuSign Envelope ID: 46586D2E-E771-4ACB-892C-830B72BA6396