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HomeMy WebLinkAbout25G - AGMT - BIKE SAFETY EDrw � • , CITY COUNCIL c DATE: r � CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute an agreement with Alta Planning & Design, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide bicycle safety education services, for a one -year period expiring December 31, 2016, in an amount not to exceed $100,000, r i ! * On October 20, 2015, the City Council approved an agreement with the Mate of California Office of Traffic Safety (tOTB) for a program to address bicycle safety through a series of bicycle safety education workshops and events. The City Council also recognized the award of $100,000 from OTB to implement the programs. The program goal is to reduce the number of persons killed or injured in collisions involving bicycles, The bilingual education and outreach campaign is intended to roach all members of the community. It will include bicycle safety skills classes taught by League of American Bicyclists Certified Instructors, nighttime bicycle light and helmet distribution events, and a Train the Trainer seminar to certify new cycling instructors. � iW W r a t� � r °b t o c s `• _ o � � a for education services. Based on local community experience, qualifications, project 25G -1 Agreement for Bicycle Safety Education and Outreach December 15, 2015 Page 2 understanding, and familiarity with the grant source, this firm and its partners have demonstrated they have the experience and resources needed to provide the required services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total cost of the agreement is not to exceed $100,000 per year. Funds in the amount of $100,000 are available in OTS- Bicycle Safety PWA expenditure account (No. 16517611 - 66220) for expenditure in FY 2015 -16. Fred Mousavipour Executive Director Public Works Agency 11175ICXTiTLe7[. , Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: I ffi Francisco Gutierrez - Executive Director Finance & Management Services Agency 25G -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December, 2015, by and between Alta Planning & Design, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The Santa Ana Public Works Agency was awarded a $100,000 grant from the State of California Office of Traffic Safety (OTS) for a program to address bicycle safety through a series of bicycle safety education workshops and events. The goal of the program is to reduce the number of persons killed or injured in collisions involving bicycles. B. Consultant represents that Consultant is able and willing to provide such a bicycle safety program. C. A Request for Proposals for marketing and education services was released and distributed on November 6, 2015 to qualified bicycle education organizations. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide a bicycle safety education workshops as set forth in the scope of services attached hereto as Exhibit A and incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including, but not limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a Exhibit 1 25G -3 condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B attached hereto and incorporated herein by this reference. The total sum to be expended under this Agreement shall not exceed $100,000.00 during the Term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2016, or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 25G -4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, claims), to the extent caused by Consultant's negligence in the performance of services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 3 25G -5 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Executive Director City Hall — Ross Annex — 4" Floor 20 Civic Center Plaza (M -21) Santa Ana, California 92702 Facsimile: 714 - 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 4 25G -6 To Consultant: Alta Planning & Design 617 W. 7th Street, Suite 505 Los Angeles, CA 90017 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25G -7 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25G -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JO DOVAL ChiE ssistant City A farms_ CITY OF SANTA ANA DAVID CAVAZOS City Manager ALTA PLANNING & DESIGN: Brett Hondorp RECOMMENDED FOR APPROVAL: Principal FRED MOUSAVIPOUR Executive Director - PWA VI 25G -9 EXHIBIT A SCOPE OF SERVICES (Attached) 25G -10 Project Understanding The City of Santa Ana is the second - largest city in Orange County. Median income and vehicle ownership rates are lower than California aver- ages, meaning a significant portion of the city's population is dependent on transit and active modes of transportation for their everyday travel. This fact, combined with the mild Southern California climate and a relatively young popu- lation, has resulted in a high level of bicycling compared with the rest of the county and state. Over the last few years, the City has undertaken significant efforts to Improve bicycling conditions in Santa Ana. Alta was part of the team working to update the City's General Plan Circulation Element Update that included an extensive outreach effort to develop progressive non - motorized transpor- tation policies. Recently, the City hired an Active Transportation Coordinator to focus solely on the implementation of infrastructure and programs that enhance biking and walking in Santa Ana. Alta also led the Santa Ana Public Education and Bicycle Safety Campaign, which aimed to educate the general public on bicycle safety issues. The campaign Included media placement throughout the City (including on and along high - volume public transit routes), classroom education in schools, public bicycle rodeos, and an LCI training seminar to certify local bicycle safety instructors. Alta worked with a marketing team and key stake- holders to develop a strategic media campaign that reflects the community's desires and unique DERSTANDING OF NEED characteristics. The Alta Team is now committed to delivering outreach and bicycle safety education services to the City of Santa Ana that addresses the City's current goals, on -time and within budget. This project will be managed by Ryan Johnson under the supervision of Principal -In- Charge Jessica Roberts. Ryan and Jessica have worked closely together for over three years on similar projects, providing efficient and effectively- managed proj- ects, and are prepared to present high - quality services to Santa Ana. Scope of Work TASK 1: CONDUCT TRAFFIC SKILLS 101 BICYCLE EDUCATION CLASSES Jim Shanman, a certified bicycling skills instructor, will lead the instruction of ten (10) Traffic Skills 101 workshops in the community, with the support of Alta and the Santa Ana Active Streets Coalition (SAAS). The goal is to reach 120 members of the Santa Ana community, with a maximum of 12 students per class. The Alta team will organize the logistics of securing classroom space and outreaching to potential students. Outreach will include flyers in both English and Spanish along with email and social media announcements of class opportunities. All TS -101 classes will be taught by 2 instructors. Jim Shanman will lead up to 3 classes himself, while SAAS Instructors with LCI certification will lead the remaining classes. Jim will train the SAAS 25G-11 7 instructors so that all classes follow a consistent format and curriculum. SAAS instructors are fluent in Spanish, and at least 3 of the classes will be taught solely in Spanish to attract participants with limited English proficiency. Each participant will receive a bicycle helmet and set of bicycle lights. At the completion of each class, the instructors will survey the participants to learn lessons about what was done well and what could be improved for future classes. Survey results will be incorpo- rated into the final report. Task 1 Deliverables: • Ten (10) Traffic Skills 101 bicycle education classes (at least 3 taught in Spanish) • Distribution of helmets and light sets to class participants • Surveys collected from class participants and instructors TASK 2: ORGANIZE AND HOST A LEAGUE CYCLING INSTRUCTOR (LCI) CERTIFICATION SEMINAR Alta will work with the City and the League of American Bicyclists (LAB) to schedule and host a train -the- trainer seminar to certify at least 12 and up to 15 community members as League Cycling Instructors (LCIs). The seminar will take place prior to the final month of the grant cycle to provide continuity of the bicycle education program in Santa Ana. We have 10 LCIs on staff, including Alta Project Manager Ryan Johnson, and thus are intimately familiar with the steps involved in the certification process. SAAS also has LCIs among its members, and up to 3 of these members will serve as Assistant Instructors during the three day seminar. While the LAB will supply an LCI coach to run the seminar, it requires a local contact to serve as Site Facilitator to organize logistics (such as finding an indoor meeting /classroom space, chairs, tables, etc.), promote the seminar to interested individ- uals, and remain in contact with the LCI Coach. SAAS, with support from Alta and the City, will take the lead on this task to organize the logis- tics for the seminar and advertise to potential LCI candidates. Priority for acceptance into the seminar will be given to participants of this proj- ect's TS -101 classes held earlier in the year who are also committed to making cycling safe and accessible in Santa Ana. The lead LCI instructor will be paid a base compensation through the participants' registration fees, but we will use a portion of the grant funds to supplement the instructor's pay. Task 2 Deliverable: One League Cycling Instructor Training Seminar TASK 3: PROCURE SUPPLIES AND CONDUCT "LIGHT UP THE NIGHT *" DISTRIBUTIONS Alta and SAAS will organize and conduct ten nighttime distributions of bicycle lights, reflec- tive material, and bicycle helmets to passing bicycle riders who are lacking these items. Alta will procure 1,500 helmets and 1,500 sets of bicycle lights, along with reflective arm bands. Optionally, and if the City prefers, rear reflectors The Alta Team will lead the Instruction of Traffic Skills 101 workshops in the community. 25G-12 can be purchased instead of reflective bands. (The Alta Team will procure reflective arm bands, bicycle lights, and /or bicycle helmets for this project from Custom Gift Creations, a registered Disadvantaged Business Enterprise, for a value of at least 12% of the overall project budget.) The ten events will be held at undisclosed loca- tions that have been identified as having high numbers of people riding bicycles, and each distri- bution will last two hours or until all supplies are exhausted (100 -150 of each item, depending on expected turnout per location). At least 3 SAAS members, including at least 1 female member, will be present at each distribution to intercept riders and show them how to properly use the safety items. SAAS members will also offer the intercepted bicycle riders a spoke card with the project name and logo along with night riding laws and safety tips. Alta will design both English and Spanish versions of the custom spoke card, with support from SAAS. Task 3 Deliverables: • Ten (10) "Light Up the Night" street distribu- tions of lights, helmets, and reflective bands • Design and production of 1 English- and 1 Spanish - language Informational spoke card "The name "Operation Firefly" is copyrighted by LACBC and cannot be used by other organizations. We propose this name, but can generate other ideas if desired. Alta and SAAS will organize and conduct ten nighttime distributions of bicycle lights, reflective material, and bicycle helmets to passing bicycle riders, TASK 4: PROJECT INITIATION AND MANAGEMENT Task 4A: Kickoff Meeting The Alta Team will prepare a plan of action and schedule for implementing the Bicycle Safety Education and Outreach Campaign by September 30, 2016. To begin this process, we will hold a kickoff meeting at the start of the project with representatives from the City of Santa Ana. The goal of the kickoff meeting will be to: • Review project goals and objectives • Review scope of services • Confirm project and meeting schedules • Establish staff communication and coordina- tion protocol After the kickoff meeting, key action items will be identified, and the project schedule will be revised (if needed). Alta will provide meeting notes detailing major decisions and action items resulting from the kickoff meeting. Task 413: Ongoing Project Meetings Overall project management will be provided by Alta Planning + Design, with Jim Shanman leading the bicycle education classes and SAAS supporting the education classes and LCI Seminar as well as conducting the "Light Up the Night" activities. Alta's Project Manager, Ryan Johnson, will be in regular contact with the City to coor- dinate staff, keep parties informed of project efforts, and seek input on key decision points. Alta will schedule monthly calls with the City project manager to review progress and make decisions. Task 4C: Invoicing Alta will submit monthly invoices to keep the City updated and informed. Direct costs incurred for LCI seminar fees, educational collateral procure- ment, and Light Up the Night supplies will be included in invoices to the City. Task 4D: Debrief Meeting At the end of the project, the Alta Team will hold a debrief meeting with City staff to discuss the results of the campaign. We will document key discussions and incorporate lessons learned for future campaigns into the project Final Report, discussed as follows. 25G -13 Task 4E: Draft and Final Report Throughout the process of the campaign, we will document stakeholder and public input, steps taken on activity planning and supply procure- ment, total cost of procurement, location and details of classes and events, and numbers of class participants and individuals reached by the Light Up the Night activities. At the end of the project, the Alta Team will produce a draft and final report documenting the work completed and the processes used so that the City of Santa Ana will have a reference guide and lessons learned for future campaigns. Alta will submit the draft report to the City for review and respond to one round of consolidated comments to be addressed in the final report. Task 4 Deliverables: • Project kickoff meeting and meeting notes - Revised schedule (if needed) • Monthly progress calls and call notes • Monthly invoices • Debrief meeting and summary notes • Draft and Final Report In Marin County, CA Alta led the Way to Go! program which included facilitating group walks, bicycle rides, safety classes, and outreach at community events, Alta developed a high - profile media campaign around bicycling and walking messages (such as "Stop for Pedestrians," "Streets Are for Everybody," and "Lights On! Be Safe, Be Seen"), In addition, trained outreach staff appeared at dozens of community events over three years - such as farmer's markets, county fairs, parades, and festivals - to distribute information about walking and bicycling. 10 25G -14 EXHIBIT B COMPENSATION (Attached) 25G -15 SCHEDULE OF FEES & CHARGES Santa Ana Bicycle Safety Education and Outreach ALTA PLANNING + DESIGN TEAM 25G -16 iTASK DESCRIPTION Task 1: Conduct Traffic Skills 101 Classes Bicycle Education Classes 0oatifitr Unit cost 10 $2,917.80 • . cost $29,178 Task 2: Organize and Host an LCI Certification. Seminar 1 $14,600.00 $14,590 Task 3: Procure Supplies and Conduct "Light Up the Night" Distributions 10 $1,881.40 $18,814 Helmets $12,960 Safety Equipment $24,315 Total °- -- $99,957 25G -16