Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
D- VI Cogstone Resources Management, Inc. 10-04-04
CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 4th day of October, 2004 by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City") and Cogstone Resources Management, Inc., a California Corporation, with its principal place of business at 1801 E. Parkcourt Pl., B102, Santa Ana, CA. 92701 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties". 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Archaeologist/Paleontologist services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Monrovia Nursery Specific Plan and Project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 Generai Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Archaeologist/Paleontologist consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from October 4, 2004 to October 4, 2006, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and RVPUB\NGS\544364 deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perfonn similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amotuits due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the tern of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. . Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. hi order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable R2guirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Shen -i M. Gust, Project Manager, Mari Pritchard -Parker, Field/Lab Director, and Kim Scott, Field/Lab Director. 3.2.5 City's ReN�esentat e. The City hereby designates Robert Person, RVPUB\NGS\544364 `Z Assistant City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Ms. Sherri M. Gust, Project Manager, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Suvidard of Care, Performance of Fm to Lees- Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, pennits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions, which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the perfonnance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, RV PUB\NGS\5443 G4 3 pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Corn liance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to conullence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurapce. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage fonn number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or RV PUB\NGS\5443 G4 approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant=s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant=s insurance and shall not be called upon to contribute with it in any way. (C) Workers" Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds, No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate RVPUB\NGS\544364 5 such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptabilily of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than ANHI, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverame. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy, shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ten thousand dollars ($10,000) without written approval of City's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the armount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, RVPUB\NGS\544364 6 through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance acid inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services, which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. RVPUB\NGS\544364 7 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: Cogstone Resource Management, Inc. 1801 E. Parkcourt Pl., B102 Santa Ana, Ca.92701 Attn: Ms. Sherri M. Gust City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Julie A. Gutierrez, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiali . 3.5.3.1 Documents & Data, Licensing of Intellectual Pro ert . 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 prepared by design professionals other than Consultant or 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. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written RVPUB\NGS\544364 8 information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name of insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, voltmteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongfiil death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by both parties. RV PUB\NGS\544364 9 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in comlection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assigimient, hypothecation or transfer. 3.5.13 Constriction, References; Ca tions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for perfonnance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. RV PUB\NG S\5443 G4 10 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the tern of this Agreement, no member, officer or employee of City, during the term of his or her sei vice with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Erilployrnent. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counter-lmarts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. RVPUB\NGS\544364 11 CITY OF AZUSA By: LC"AL—By: Julie . Gutienez City anager Attest. - City Clerk Approved as to Form: R. &41�� Best Best & Krieger LLP City Attorney RVPUB\NG5\544364 12 COGSTONE RESOURCE MANAGEMENT, INC. A'Ms.Sherri Gust Principal EXHIBIT "A" SCOPE OF SERVICES RV PUB W G S\544364 A-1 Monrovia Nursery Specific Plan and Project Archaeology & Paleontology II. WORK SCOPE Cogstone is committed to achieving the highest professional level of work and meeting all deadlines in a timely fashion, while assisting the client in its execution of the project by managing the technical aspects of cultural resources management (CRM). Progress on the project will be closely monitored by the Project Manager/Principal Investigator, Sherri Gust, and the Field Directors. Monthly reports (unless otherwise stipulated) will be provided in order to maintain effective communication with the client, to achieve the efficient implementation of the monitoring program, and to ensure the protection of cultural resources while allowing the scheduled completion of construction. RESEARCH Prior to monitoring, Cogstone would conduct a thorough review of previous research and record searches in order to determine the existence of previously recorded or potential cultural resources .(archaeological, historical and paleontological) within the project boundaries and the limited surrounding area. This review would include: 1) a consultation of geological maps and publications regarding the formations present and their relative potential to contain fossils; and 2) an examination of previous archaeological and paleontological surveys/assessments and research conducted on the project area (as referenced in the RFP and draft EIR) in order to assist in identifying potential cultural resources and the need for implementing mitigation/preservation measures, such as monitoring. MONITORING The amount of on-site cultural resources monitoring required during this project will be determined by the Principal Investigator's assessment of prior research (surveys and record searches) results, as stipulated in the Draft Environmental Impact Report (EIR), and according to the Mitigation Measures suggested by this EIR, which have been adopted by the City of Azusa. According to the information provided in the EIR and the results of additional research, the PI would construct a mitigation monitoring plan and construct a monitoring program consistent with the draft EIR recommendations to include: on-site cultural resources monitoring of grubbing, clearing, grading and sub- surface excavation activities likely to encounter prehistoric/historic artifacts, or fossil remains. All construction monitoring would be conducted by qualified archaeological and paleontological monitors and supervised by the Field Directors under the direction of the Principal Investigator, according to the requirements under CEQA and the lead agency. Thorough monitoring reports will be generated, on a daily basis, detailing the construction and monitoring activities as well as any significant finds.. Cogstone Resource Management Inc. Monrovia Nursery Specific Plan and Project Archaeology & Paleontology DISCOVERY EVALUATION Determination of the significance of cultural resources can only be made by a qualified Principal Investigator. If a discovery meets the CEQA criteria for significant cultural resources, then work would be diverted until the PI could properly evaluate the discovery and determine its significance. The City, as lead agency, will be notified of the find at the time of discovery. If testing for intact historic or prehistoric deposits is positive, or if fossil deposits are encountered during construction activities, the PI will write a detailed research design and data recovery plan for review by the City and will carry out that plan upon approval. DATA RECOVERY, IDENTIFICATION AND RECORDING Decisions about testing and data recovery will be made in consultation with the client and the lead agency. In the event that significant cultural resources are encountered, field personnel will follow the protocol established by the research design in order to evaluate, avoid, preserve and/or recover the resources/specimens as quickly and efficiently as is feasible with as little delay as possible in the work schedule. The City and appropriate local/state agencies will be notified of the discovery and proper site -recording documentation will be filed in accord with the CEQA's compliance requirements. Each artifact, fossil or matrix sample will be accompanied by a field tag, photo documentation, and locational information and the resources will be stabilized in the field, whenever possible. All artifacts and fossils recovered will be identified by qualified experts (whether in-house or by one of Cogstone's specialist consultants with relevant analysis expertise) and curated in the appropriate facility before its deposit in the designated repository. REPORTING Upon cessation of the construction activities requiring cultural resources monitoring (grading operations, utility trenching, etc.), Cogstone will prepare, and submit to the City, a technical report written according to the reporting guidelines and format recommended by the State Historic Preservation Office (SHPA Manual). The report will document and detail 1) the project setting (historic, natural and environmental), 2) summary of previous research, 3) program design 4) monitoring activities, 5) results (artifacts/fossils recovered/identified) 6) cultural resource associations, 7) conclusions, and 8) recommendations for potential future impacts. All reporting documentation will be in strict compliance with the regulations imposed on the lead agency under CEQA in its role of safeguarding cultural resources by limiting/negating the project's impact on these resources and documenting the measures it has undertaken to accomplish this. Cogstone Resource Management Inc. 6 EXHIBIT "B" SCHEDULE OF SERVICES RVPUB W G S\544364 B-1 Monrovia Nursery Specific Plan and Project Archaeology & Paleontology General Scheduling Development of Project Specific Mitigation Plan incl. maps -with two weeks of all previous cultural documents being provided On Call Response Time for unanticipated discoveries -with two hours of phone call to Cogstone office Progress Reports to Client and City -monthly letter -field supervisor available to attend weekly meetings Final Report -within three months of the end of earthmoving Cogstone Resource Management Inc. 28 EXHIBIT "C" COMPENSATION RVPUB\NGS\544364 C-1 Monrovia Nursery Specific Plan and Project Archaeology & Paleontology VI. RATE SHEET 2004 HOURLY RATE SCHEDULE Principal Investigator $75 project management research design/monitoring program implementation artifact analysis/fossil identifications reporting review/analysis Field/Lab Director supervision monthly reports $60 Qualified Archaeology/Paleontology Monitors $48 review/survey monitoring/excavation site recording laboratory work/curation technical graphics report preparation Native American Representative $45 tribal consultation/coordination supervision artifact identification mitigation recommendations/implementations Historian/Architectural Historian $55 research structural evaluation significance assessment/reporting Clerical $38 administrative report preparation REIMBURSABLE EXPENSES 1) Mileage at the current Federal rate 2) Equipment rental, if necessary 3) Outside consultants, if necessary 4) Outside analysis, if necessary (dating, etc.) Cogstone Resource Management Inc. 24 Certificate of Insurance 1 of 1 #S85318/M85316 Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2030 Main Street, Suite 350 NOT AMEND, EXTEND OR ALTER THE COVERAGE Irvine, CA 92614-7248 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: Companies Affording Policies: A Fidelity and Guaranty Insurance Undw Cogstone Resource Management Inc. B. St. Paul Fire & Marine Insurance Co. 1801 E. Parkcourt Place, B102 c,Continental Casualty Company Santa Ana, CA 92701 D. E. F. COVERAGES: THIS IS TO CERTIFY THAT 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. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE • GENERAL LIABILITY BKO1624176 09/01/04 09/01/05 $2,000,000 Commercial General Liability $1,000,000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: $1,000,000 Bodily Injury/person: $0 ® Occurrence $0 Property Damage: $0 Each Occurrence: ❑ Owner's and Contractors Aggregate: Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate A AUTO LIABILITY BKO1624176 09/01/04 09/01/05 ❑ Any Automobile ❑ All Owned Autos ❑ Scheduled Autos ❑X Hired Autos ❑X Non -owned Autos ❑ Garage Liability In EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form B WORKERS' BWO1878055 09/01/04 09/01/05 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL EEA276159517 10/08/04 10/08/05 LIABILITY" Description of Operations/LocationsNehicles/Restrictions/Special items: GENERAL LIABILITY: CITY OF AZUSA IS NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. Certificate Holder: City of Azusa Attn: Roy Bruckner Community Development Dept. PO Box 1395 Azusa, CA 91702 626 334 5464 CC: POLICY LIMITS General Aggregate: $2,000,000 Products-Com/Ops Aggregate: $2,000,000 Personal and Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): $500,000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident: $0 Property Damage: $0 Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $2,000,000 $0 THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Aulhorized 10/12/04 Policy Number: BKO1624176 Liability Coverage Enhancement — Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to paragraph 2 of SECTION II — WHO IS AN INSURED: I. If you are required to add another person or oraanization as an insured under this policy by a written contract or agreement which is in effect during the policy period, that person or organization is an insured. Such person or organization is referred to in this Coverage Part as an Additional Insured. However, such person or organization is not an insured with respect to any: (1) "Property damage "to: (a) Property owned, occupied or used by the Additional Insured; (b) Property rented, leased or loaned to, in the care, custody or control of, or over which physical control is being exercised for any purpose by the Additional Insured; or (c) "Your work" performed for the Additional Insured; (2) "Bodily injury", "property damage", "personal injury', "advertising injury" which is not caused in whole or in part by the negligent acts or omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named Insured may be liable; (3) "Bodily injury", "property damage", "personal injury", or "advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in absence of the contract or agreement; or (4) "Bodily injury", "property damage", "personal injury" or "advertising injury arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any professional services, when such person or organization is an architect, engineer, or surveyor. CL/BF 26 09 08 03 Includes copyrighted material permission. Page 1 of Copyright, Insurance Services 2. The following is added prior to the final paragraph of SECTION II — WHO IS AN INSURED: You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venture has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. This insurance is excess over any "other insurance" available to you for your participation in any past or present "unnamed joint venture". 3. The final paragraph of SECTION II — WHO IS AN INSURED is replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture (except "unnamed join venture") or limited liability company this is not shown as a Named Insured in the Declarations. 4. Paragraph 2 of SECTION III — LIMITS OF LIABILITY is replaced by the following: (2). The General Aggregate Limit is that most we will pay at each of "your premises" listed in the Schedule of Premises and is the most we will pay at each of "your projects" for the sum of: a. Damages under Section I. A. except damages because of "bodily injury" and "property damage" included in the "products completed operations hazard" and damage to premises rented to you or temporarily occupied by you with permission of the owner; and b. Medical payments under SECTION 1. B. of Insurance Services Office with its 2 Offices, Inc., 2001 5. The following is added to SECTION IV - CONDITIONS, 5. Other Insurance, a. Primary Insurance; In addition, this insurance will be considered primary to, and non-contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION II. 2. I., if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "other insurance". This insurance will then be applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such 'other insurance". 6. The following is added to SECTION IV — CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us. We waive any right of recovery we may have against any person or organization added under SECTION ll. 2.1., for payments we make because of injury or damage arising out of "your work" under the written contract or agreement with such person or organization, provided that the injury or damage occurs subsequent to the execution of that written contract or agreement. ADDITIONAL INSURED: CITY OF AZUSA 7. The following are added to SECTION V — DEFINITIONS: "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site or location that you own or rent or lease from others. "Your project" Means any premises, site or location at, on, or in which "your work" is not yet completed; and a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CL/BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2 Copyright, Insurance Services Offices, Inc., 2001 untitled *** FOR INTERNAL USE ONLY ***** W O R K S H E E T * CITY OF AZUSA TO: COGSTONE RESOURCES MGMT INC. 1801 E. PARKCOURT PLACE B102 SANTA ANA, CA 92701 PO #: PR #: C10365 SHIP TO: Central Receiving 809 NORTH ANGELENO AVENUE AZUSA, CA 91702 Vendor ID Department Date Required v08410 Rose Jara 10/12/04 NET 30 ITEM # QTY UNITS DESCRIPTION 0001 10,000 EA Print Date YES 10/12/04 UNIT PRICE EXTENDED PRICE PROFESSIONAL SVCS.AGMT FOR MONROVIA 1.00 10,000. NURSERY SPECIFIC PLAN & PROJECT 5000000613-2719 10,000.00 Page 1 TOTAL $ 10,000.00 10/13/2004 08:48 FAX 949 f28 Q((Q HHH/rrid IIS. Vv ,/ , , . Certificate of Insurance 1 of 1 #58531$/M$5316 Insureds Name and Address: ornpanles A rding Policies: A -Fidelity and Guaranty Insurance Undw Cogstone Resource Management Inc. e, St, Pard Fire & Marine Inearance Co 1801 E. Parkcourt Place, B 102 C.Continental Casualty Company Santa Ana, CA 92701 0_ E, F. COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TME INSURED NAMED ADUYC rvn 1 r1r rUUUT rCM1UU Irvun.r 1 ev. NOM ITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. T14F INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU6IEOTTO ALL lMC eeMaHs, eAc_r_uN1Uny, AMU kAJNVP1IWNZ Ur bU sT rr L, Imo. TYPE OF INSURANCE POLICY NUMBER EFRDATE EXP.DATE POLICY LIMITS i A GENERAL LIABILITY BK01624176 09/01/04 09/01/05 $2,0001000 ❑Q Commercial General Liability Each Occurrence; 51,D00,000 Fre Dmg. (any one fre)- $500,000 ❑ Claims Made $1,000,000 BWiiy Injury/person: 3o Badly Injury/accident ® Occurrence Property Damage: $D Each Occurrence: ❑ Owner's and contractors Statutory Limits Each Accldem: Protective Disease/Policy Limit: $1,000,000 Disease/Employee; $11001)1000 ❑ 51,000,00D AgarMate $2,000,000 A AUTO LIABILITY 8X01624176 09/01/0d 09/01/05 ❑ Any Automobile ❑ All Autos ❑ Scheduled Autos © Hired Autos ® Non -owned Auras ❑_ Garage U bllity L1 EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form B WORKERS' BW01878055 09/01/04 09/01/05 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL REA276139517 10/08/0a 10/08/05 LIABILITY' Description of Operations/LocationsNehicles/Restrictions/Special Items: GENERAL LIABILITY: CITY OF AZUSA IS NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. ate limits Ot II Iii Certificate Holder: City of Azusa A;tn; Roy Bruckner Community Development Dept, PO Box 1395 Azusa, CA 91702 626 334 5464 cc; General Aggregate: 52,000,000 Products-Corn/Ops Aggregate: $2,0001000 Personal and Adv. Injury: $1,000,000 Each Occurrence; 51,D00,000 Fre Dmg. (any one fre)- $500,000 Combined Single Limit: $1,000,000 BWiiy Injury/person: 3o Badly Injury/accident 50 Property Damage: $D Each Occurrence: Aggregate: Statutory Limits Each Accldem: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee; $11001)1000 Per Claim 51,000,00D AgarMate $2,000,000 $0 THE AGGREGATE LIMIT 19 THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED, CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENT$ OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL SE GIVEN. Aulhori;od Repraaanwivs: .02 10/12/04 10/13/2004 08:48 FAX 949 729 0770 HRH/PPIB LgJuVz1Vvd Policy Number: BKO1624176 Liability Coverage Enhancement — Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to paragraph 2 of SECTION 11— WHO IS AN INSURED: I. If you are required to add another person or organization as an insured under this policy by a written contract or agreement which is In effect during the policy period, that person or organization is an Insured_ Such person or organization is referred to in this Coverage Part as an Additional Insured. However, such person or organization is not an Insured with respect to any: (1) "Property damage "to: (a) Property owned, occupied or used by the Additional Insured; (b) Property rented, leased or loaned to, In the care, custody or control of, or over which physical control is being exercised for any purpose by the Additional Insured; or (c) "Your work" performed for the Additional Insured; (2) "Bodily injury", "property damage", "personal injury', "advertising injury' which is not caused in whole or in part by the negligent acts or omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named Insured may be liable; (3) "Bodily injury", "property damage", "personal injury", or "advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in absence of the contract or agreement; or (4) "Bodily injury", "property darnage", "personal injury" or "advertising injury arising out of any architect's, engineer's or surveyors rendering of, or failure to render, any professional services, when such person or organization is an architect, engineer, or surveyor. 2. The following is added prior to the final paragraph of SECTION II — WHO IS AN INSURED_ You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venturQ has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. This insurance is excess over any "other insurance" available to you for your participation in any past or present "unnamed joint venture". 3. The final paragraph of SECTION II — WHO IS AN INSURED is replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture (except "unnamed Join venture") or limited liability company this is not shown as a Named Insured in the Declarations. 4. Paragraph 2 of SECTION III — LIMITS OF LIABILITY is replaced by the following: (2). The General Aggregate Limit is that most we will pay at each of "your premises" listed in the Schedule of Premises and is the most we will pay at each of "your projects" for the sum of: a. Damages under Section I. A. except damages because of "bodily injury" and "property damage" included in the "products completed operations hazard" and damage to premises rented to you or temporarily occupied by you with permission of the owner, and b. Medical payments under SECTION 1. B. CL/BF 26 09 qe 03 Includes copyrighted material of Insurance Services office with its permission. Page 1 of 2 Copyright, Insurance Services offices, Inc_ 2001 10/13/2004 08:49 FAX 949 729 0770 HRH/PPIB 5. The following is added to SECTION IV - CONDITIONS, S. Other Insurance, a. Primary Insurance; In addition, this insurance will be considered primary to, and non-contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION II, 2. I., if you specifically agree, In that written contract or agreement, that this insurance must be primary to, and non-contributory with, such 'other insurance". This Insurance will then be applied as primary Insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such 'other Insurance", 6. The following is added to SECTION IV - CONDITIONS, S. Transfer Of Rights Of Recovery Against Others To Us. We waive any right of recovery we may have against any person or organization added under SECTION 11. 2.1,, for payments we make because of injury or damage arising out of ,.your work" under the written contract or agreement with such person or organization, provided that the injury or damage occurs subsequent to the execution of that written contract or agreement. ADDITIONAL INSURED; CITY OF AZUSA LqJ VVd/VVJ 7_ The following are added to SECTION V - DEFINITIONS: 'Unnamed joint venture" means any joint venture In which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named In the Liability Coverage Part Declarations, "Your premises" means any premises, site or location that you own or rent or lease from others. "Your project" Means any premises, site or location at, on, or in which "your work" Is not yet completed; and a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not Include "your premises" or any location listed In the Schedule of Premises. All other terms of your policy remain the same. C14/86 26 09 08 03 InclUdee copyrighted material of Insurance Services Office with its permission, page 2 of 2 Copyright, Insurance Gar-ic6B Offices, Inc., 2002