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HomeMy WebLinkAboutDAVID VOLZ DESIGN-2017City of Santa R -a Cleric of the Couki,,:il cOTC Office Use Only AGREEMENT TERMINATION FORM �202-� Please complete this form in its entirety when the attached agreement and all City of Santa Ana arnendnnents (it any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements uN021 have been satisfied prior to sighing the termination form. Clerk of the Council Is the agreements) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 it you have any questions. The agreement with No. was completed on r 4and final payment has been made. (List all a�ymeendments. Use space before if needed.) t61 --q Department: GL �L Phone/Ext.: 24. -7 Signature: _.. Date: 4 � ,Z -: Revised: 10-18-16 A-2017-062 CONSULTANT AGREEMENT CITY OF SANTA ANA This AGREEMENT is made and entered into this 5th day of April, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY") and David Volz Design (hereinafter "CONSULTANT"). RECITALS A. The CITY desires to retain a consultant having special skill and knowledge in the field of Architectural and Landscape Architectural Design B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY. C. 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 perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. ' 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, an amount not to exceed $225,019 in accordance to rates and charge identified in Compensation — Exhibit B, attached hereto and incorporated by reference. This includes a 10 percent contingency amount of $20,456 which shall be expended at the sole discretion of the City. Compensation shall be processed in accordance with Section 18. 3. TERM This Agreement shall commence on the date first written above for a two -Year term with the option for the CITY to grant up to two (2) one --year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: y'51-, rev.01/26/2017 Page 1 of 8 4. 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement ("Documents & Data"). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. 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 naming the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, 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 insured's provisions. Page 2 of 8 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 3700 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. If CONSULTANT is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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 by the CITY. 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. iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. f. 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"), related to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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 Page 3 of 8 ® QC®R® � CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 Irvine CA 92604 CONTACT Aimee Guesno NAME: PHONE Ext• (714)731-7700 AXNo:(719)731-7750 AIL ADDRESS:aimee@cornerstonespecialty.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:RLI Insurance Comnpany 13056 INSURED. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. 151 Kalmus Drive, Ste. M-8 Costa Mesa CA 92626 INSURERB:Liberty Insurance Underwriters 19917 INSURERC: INSURERD: INSURER E : 1 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL S BR POLICY NUMBER POLICY EFF MM/DDIYYYY PO��CY EXPP MM/[3DNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x1OCCUR EACH OCCURRENCE $ 2,000,000 DA AGE STOEa RENT—accuEErc[ ence — PREMISES $ 1,000,000 X MED EXP (Any one person) $ 10,000 ADDT' L INSURED/PRIMARY X PSB0001408 3/14/2017 3/14/2018 X BLNKT WVR OF SUBRO PERSONAL & ADV INJURY $ INCLUDED PER FORM #PPB3040212 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 GENIL AS REQUIRED BY WRITTEN POLICY JEO- 0 LOC CONTRACT PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS IX HIRED AUTOS AUTOS PSB0001408 3/14/2017 3/14/2018 BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A PSWO001346 3/14/2017 3/14/2018 PER OTH. X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE 11 $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 B PROFESSIONAL LIABILITY AEA100668-0004 3/14/2017 3/14/2018 EACH CAIM $2,000,000 Claims Made ANNUAL AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) the City of Santa Ana, its officers, employees, agents, and representatives are named as Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available jo,ali covered claims reported within the policy period. REVIEWED BY: EUNICE HEREDIA (PG OF City of Santa Ana ATTN: Gaby Lomeli 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE imee Guesno/AIMEEG ACORD 25 (2014/01) INS025 (gnuni) O 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001408 RLI Insurance Company Named Insured: David Volz Design Landscape Architects, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1-. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring Insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION 11 — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily Injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury' offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 REVIEW D BY: EUNIGE H,EREDIA (PG r,2 } 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 9. RECORDS CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement. 10. 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. 11. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. Page 4 of 8 12. 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. 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 terns and conditions hereof, shall not bind or obligate CONSULTANT or 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 is not embodied herein. 14. 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. 15. 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(s) 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. Page 5 of 8 16. 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. 17. PROFESSIONAL LICENSES CONSULTANT shall, throughout the term 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. 18. PAYMENTS & INVOICES a. Payment by CITY shall be made within forty-five (45) 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. CONSULTANT's invoice number and CITY's agreement number ii. Beginning and ending dates for services iii. CITY Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6 of 8 20. 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 fax 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 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-5635 To CONSULTANT: David Volz President David Volz Design Landscape Architects, Inc. 151 Kalmus Drive Suite M8 Costa Mesa, CA 92626 Fax: (714) 641-1323 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6515 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 fax, 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. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: & JWIN FUNK Assistant City Attorney RECOMMENDED FRED MOUSAVIP01 Executive Director Public Works Agency APPROVAL: CITY OF SANTA ANA Robert C. Cortez Deputy City Manager CONSULTANT: David Volz Design 1 DAVID VOLZ President Tax ID# 33 0835 124 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES David Volz Design will provide construction documents for public bidding of Santiago Park Gas House Area development plans. The basis of the design will be the city supplied program and the concept plan to be developed in Task 1 below. Task 1 - Pre -Design Initial project services will include a site analysis, review of the preliminary plan and review of background documents. A kick-off meeting with the city project staff will be held to review initial find- ings, discuss the project scope, goals and objectives, potential elements and issues and schedule. The DVD team will facilitate and lead three (3) concept planning meetings with the Park San- tiago Neighborhood Association (PSNA) to obtain input and to finalize a concept plan for this area. Meetings - Project Kick-off Meeting with city staff Three (3) Concept Planning Meetings with PSNA Presentation and review for approval by the PRCSA Deliverables - Synopsis of initial reviews and project schedule Up to three (3) rendered concept plans for community review Final Concept Plan for the area development Task 2 - Design Development (50% plans) The park design will be developed based upon the approved con- ceptual design. The DVD team will undertake initial engineering, landscape architectural, and electrical engineering. Meetings - City Project Team Review Meeting Deliverables - 50% construction documents, draft technical specifications, opinion of probable cost, lighting layouts, photometrics, materials submittal. Also, site survey and utilities information will be submitted for city review. Task 3A - Construction Documents (90% plans) Construction documents will be updated based upon city guid- ance after review of Design Development documents. The up- dated plans will provide detailed engineering, landscape, irriga- tion and construction layout plans. Plans shall include: Tusfln Branch Trails. City of Tustin Los Rios Park. City of San Juan Capistrano Pioneer Road Park. City of Tustin Hu deas Barton Amphitheater. City of Yorha Linda Stanton Central Park. City of Stanton 11111aY1111® ........................................................................................................................................................-...�- Designing landscape that create community... SCOPE OF SERVICES Los Rios Park, City of Ban Juan Capistrano Heniage Island Park, City of Cerritos Tustin Branch Trails. City of Tustin Admiral Kidd Park City of Long Beach Title Sheet Civil Engineering • Site Erosion Plan • Parking lot at Valencia Avenue • Horizontal and Vertical Control Plan • Grading and on -site Drainage Plan • Site Utility Plan Architectural (Gas House and Restroom) • Plans Elevations, Electrical, Plumbing details Structural Engineering Details (Gas House and Restroom) • Plans, details • Structural calculations Landscape Architecture • Site Layout / Construction Plans and Details (including plumbing) • Site Sections, as applicable • Planting Plans/Details/Notes • Irrigation Plans/Details/Calculations/Notes Electrical • Electrical Site Plan to include lighting and electrical outlets • Photometrics • Location of panels, switchgear, meters • Schedules • Details • Notes, specifications Meetings - City Project Team Review Meeting Deliverables - Construction Document submittal (90% and 100%) for plan review by Park, Recreation and Community Services Agency, Planning and Building Agency and Public Works Agency. This Construction Plan set will include technical specifications and an updated opinion of probable costs. Task 3B - Final Construction Documents (100%) Construction plans, specifications, and estimate will be updated based upon city reviews. The final design package will be read- ied for bidding and construction Meetings - Final Review Meeting with city project staff Deliverables - Turnover of files for city records and bidding. ........................................................................................................................................................ OVID Designing landscape that create community... SCOPE OF SERVICES Task 4 - Bid Advertisement, Construction Administration, Record Drawings Assistance During Bidding DVD will assist the city staff during bidding by answering "Re- quests for Information" from the potential bidders, preparing and distributing necessary addendum and assisting with the bid evaluations Construction Period Assistance During construction David Volz Design will attend the pre -con- struction meeting, review shop drawings and submittals, and change orders, answer requests for information and make site visits at key times during construction. DVD will provide support as -needed to City staff, project manager, general contractor and the City Inspector. DVD will attend the final walk through of the project and provide a written final review of the project. As -Built Drawings Once the project construction is complete DVD will prepare as -built drawings for the city based on red lined plans of field conditions provided by the construction contractor. Meetings - Attend meetings as directed by city staff during bidding and construction. Deliverables - Provide site reviews, RFI responses, submittal reviews and general assistance to the city's construction management team. Los Rias Park, City of San Juan Capistrano Stanton Central Park. City of Stanton Washington Street Mini Park. City of Diamond Bar Heniage Island Park, City of Cerritos 1t1VIlt ....esigning lan........ '1a.n'...dscape a*p.e..that....create.........communi...........ty....................................................................................................... D EXHIBIT B FEE SCHEDULE David Volz Design proposes the following Not to Exceed fee schedule to provide the services identified in this proposal. The tasks listed below are offered at a fixed fee for the design services for identified program elements. The services included in this spread sheet are project management, park design, landscape architecture, and listed support services. TASK 1 - PRE DESIGN A. Landscape Architect - Project Management, Pre Design B. Civil Engineering C. Architectural / Structural Engineering D. Electrical Engineering TASK 2 - DESIGN DEVELOPMENT (50% PLANS) A. Landscape Architect - Project Management, Design Development B. Civil Engineering C. Architectural / Structural Engineering D. Electrical Engineering PR LA PP CT AD Total $220 $193 $135 $121 $115 Hrs Fee 8 8 8 12 2 [38 J$ 6,066 c'I7�I m i)■mull TASK 3A - CONSTRUCTION DOCUMENTS (90% PLANS) A. Landscape Architect - Project Management, Construction Documents 32 1 44 1 42 B. Civil Engineering C. Architectural / Structural Engineering D. Electrical Engineering 44 $ 5,290 $ 2,523 $ 631 $ 14,510 12 1162 I $ 25,940 $ 17,825 $ 8,503 $ 2,126 $ 54,393 12 1174 I $ 27,906 $ 31,223 $ 14,893 $ 3,723 TASK 313 - FINAL CONSTRUCTION DOCUMENTS A. Landscape Architect - Project Management, Final 2 I 8 6 8 2 Construction Documents B. Civil Engineering C. Architectural / Structural Engineering D. Electrical Engineering Proposal to Provide Landscape Architectural Services for Santiago Park Gas House, City of Santa Ana $ 77,745 26 I $ 3,992 $ 10,408 $ 4,964 $ 1,241 $ 20,605 2/21/2017 FEE SCHEDULE TASK 4 - BID ADVERTISEMENT, CONSTRUCTION ADMINSTRATION, RECORD DRAWINGS A. Landscape Architect - Project Management, Bid Advertisement, Construction Administration, 6 6 6 16 4 38 J$ 5,684 Record Drawings B. Civil Engineering $ 2,760 C. Architectural / Structural Engineering $ 1,317 D. Electrical Engineering $ 329 $ 10,090 OPTIONAL: Site Survey $ 9,545 Geotechnical (LGC Geotechnical) $ 16,675 REIMBURSABLES Reimbursable expenses, printing, copying, postage, etc. where identified included in proposed fee. Estimate $ 1,000 TOTAL PROPOSED DESIGN FEE $ 204,563 ASSUMPTIONS: 1. Subconsultant services, civil engineering and electrical engineering, listed above include administrative mark- up of 15%. 2. Boundary and property line research if needed will required an additional fee. Proposal to Provide Landscape Architectural Services for Santiago Park Gas House, City of Santa Ana 2/21/2017 EXHIBIT C ATTACHMENT C APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTIAGO PARK GAS HOUSE AREA DEVELOPMENT RFP NO.: 16-040 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certiiiNation may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and swom to (or affirmed) before me on this yam_ day of¢e}oher 20k, by �L/tee' 00^f 7 proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me. rdi7�i� Notary Public Signature Notary Public Seal City of Santa Ana RFP 16-040 Page 24 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTIAGO PARK GAS HOUSE AREA DEVELOPMENT RFP NO.: 16-040 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Signed and Printed Name:vl• i Title I� ►..�i� Date V City of Santa Ana RFP 16-040 Page 25 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTIAGO PARK GAS HOUSE AREA DEVELOPMENT RFP NO.: 16-040 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall famish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of City of Santa Ana RFP 16-040 Page 26 EXHIBIT D ADDITIONAL PROVISIONS NONE AC40R " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aimee Guesno NAME: Cornerstone Specialty Insurance Services, Inc. PgHCNNo Ext : (714) 731-7700 FAX, No): (714) 731-7750 14252 Culver Drive, A299 E-MAIL amee@cornerstonespecialty.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: RLI Insurance Company Irvine CA 92604 INSURED INSURER B : Liberty Insurance Underwriters DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. INSURER C : 151 Kalmus Drive, Ste. M-8 INSURER D : INSURER E : Costa Mesa CA 92626 INSURER F : COVERAGES CERTIFICATE NUMBER: 18/19 COVERAUES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER PO YEFF__P_0LlCYEXP MM/DD/YYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 2,000,000 E PREMISES Ea occurrence $ 1,000,000 X MED EXP (Any one person) $ 10,000 ADDTL INSURED / PRIMARY X BLANKET WVR OF SUBRO PERSONAL&ADV INJURY $ INCLUDED A Y PSB0001408 03/14/2018 03/14/2019 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ❑X PRO ❑ JECT LOC I GENERAL AGGREGATE $ 4,000,000 PRODUCTS $ 4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS PSB0001408 03/14/2018 03/14/2019 BODILY INJURY (Per accident) $ X HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAR DED I I RETENTION $ $ AOFFICER/MEMBER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? ❑ (Mandatory in NH) NIA PSW0001346 03/14/2018 03/14l2019 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 PROFESSIONAL LIABILITY B CLAIMS MADE AEA100668-0004 03/14/2018 03/14/2019 EACH CLAIM $2,000,000 ANNUALAGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) the City of Santa Ana, its officers, employees, agents, and representatives are named as Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. REVIEWED BY: LIlbi EUNICE HEREDIA (PG OF ) City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001408 RLI Insurance Company Named Insured: David Volz Design Landscape Architects, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOW NERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG 24Y ) WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC040306 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before a loss Schedule Job Description Job performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-14-2018 Policy No. PSW0001346 Insured David Volz Design Landscape Architects, Insurance Company RLI Insurance Company Inc. Endorsement No. 1 REVIEWED BY: EUNICE HEREDIA (PG OF )