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Agreement - 23CDD1136-1 - Hexagon Transportation Consultants, Inc. - 1st Amendment - CEQA VMT Evaluation for Proposed Gilroy Data CenterCity of Gilroy Agreement/Contract Tracking Today’s Date: August 31, 2023 Your Name: Monica Sendejas Contract Type: Services over $5k - Consultant Phone Number: 408-846-0266 Contract Effective Date: (Date contract goes into effect) 1/27/2023 Contract Expiration Date: 1/27/2024 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 with Hexagon for CEQA VMT Evaluation for Proposed Gilroy Data Center Contract Amount: (Total Amount of contract. If no amount, leave blank) $8,945 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: A0424634-D9EA-4631-8911-01AA29AF0D0D 4835-2267-0361v1 LAC\04706083 -1- FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND HEXAGON TRANSPORTATION CONSULTANTS, INC. WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Hexagon Transportation Consultants, Inc. entered into that certain agreement entitled “Agreement for Services”, effective on January 27, 2023, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Hexagon Transportation Consultants, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows: “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 CONTRACTOR exceed $8,945.00. 2. Exhibit “B” (Scope of Services) of the original agreement is hereby amended to include the attached Exhibit “B1”. 3. This Amendment shall be effective retroactively to May 15, 2023. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY HEXAGON TRANSPORTATION CONSULTANTS, INC. By: By: [signature] Sharon Goei [signature] Robert Del Rio [employee name] Community Development Director [name] Vice President, Principal Associate [title/department] [title] Date: Date: DocuSign Envelope ID: A0424634-D9EA-4631-8911-01AA29AF0D0D 9/1/20239/7/2023 4835-2267-0361v1 LAC\04706083 -1- Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: A0424634-D9EA-4631-8911-01AA29AF0D0D EXHIBIT “B1” SCOPE OF SERVICES A memo report summarizing the findings of the analysis was completed on March 6, 2023 and presented to the City and project team for review, which resulted in comments that require additional work and meetings that were not included in the original scope of work and budget. The scope of work is amended to include: • Meetings with the project team and/or City staff – 3 hours • Revisions to the analysis – 4 hours • Revisions to the memo report – 6 hours Total time is 13 hours at $265 per hour. Total cost = $3,445.00 DocuSign Envelope ID: A0424634-D9EA-4631-8911-01AA29AF0D0D