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HomeMy WebLinkAboutExpress Plumbing, Inc. (2) Llr � AGREEMENT THIS AGREEMENT is made and entered into on the 4th day of August, 2017 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Express Plumbing, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: 1) Cap off the 12" and 6" lines on both ends and fill up both manholes with CDF to approximately 3' from the surface, break manhole cone down to 3" 2) Remove manhole frame and cover 3) Back fill the excavated area and compact to 95% 4) Repave both areas to meet Town's current standards 5) Remove and dispose of debris 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 1, 2017 3. TERMS. The services and/or materials furnished under this Agreement shall commence 8/07/2017 and shall be completed by 9/30/2017, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed Ten thousand dollars and zero cents ($10,000.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 snort corm Updated 4/23010 fir 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. Hi. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form U dalee 4173110 Lr J c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 snort form Updated 4rz3/10 Ll+ rJ h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Allen Chen Public Works Director Town of Los Altos Hills By: ' ii, i, ' tette 7/ L/ 26379 Fremont Road signature Date Los Altos Hills, CA 94022 7 AC`�rI erl on ^. tr jrcf h4 ✓ :Ws/ Print name, Title TOWN OF LOS ALTOS HI LS'. By: • IP 2'017 Carl Cahill,ity Manager Date Town of Los Altos Hills Page 4 of 4 snot root uoemed 5123110 iilr V Form W-9 Request for Taxpayer Give form to the (Re,.October 2007) Identification Number and Certification requester. Do not c<v..n,.>,i xi ine T.,..,:r..; send to the IRS. N eeh income tax return} • 1._.._6PS yew, _Act.. _rieT-S_Lu. Business name.it different from above ocheck appropriate box- O individual-ore proprietor IfYCGWaum ❑ Partnership , Exempt _., Union;Iiab1llly company Enter the tax classirntian�'p disregarded emit,C=corcraticn,Pmaamis h l• - payee eo• E Cli Clh r' u:poti t Address t b street andtapt.or o /�de o\ Requester's nam and seeress loptioms 3 n 7 Al H�"t_IL.,4 IV_ Town of los Altos Hills m Cr4o eta and DR code V� 26379 tremor&Road a an__ynde° G1 _9 9'Y I Las Altos Hills,CA 99922 qs here( ___ _. . " at accountramparts) (optional) N Taxpayer Identification Number(TIN) Enter your TIN ithe appropriate box.The TIN provided must match the name given on Line 1 to avoid l Social awry umber backup Withholdingprop . FordisreIndivgarded duals this is yoursocialsecurity number SW) Hov ver,forresidents,it alien.sole proprietor. disregarded entity,see the Part I instructions on page 3 For other (ties.Itis - -" your employer identification number(EIN). If you do not have a number.see How to get a mN on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose !Employer identification lnumber number to enter. 5'V 4 7'. 3 3 '4379 7 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me).and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding.or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup wirhhddmg as a result of a failure to report all interest or dividends.or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3 I am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withhdding because you have failed to report all interest and dividends oil your tax return. For real estate transactions,item 2 does not apply. For mortgage interest paid.acquisition or abandonment of secured property.cancellation of debt contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the Certification.but you must provide your correct TIN. See the instructions on page 4 Sign li signature of Here I us.per•om 4� P/i�(_. 4_ Date la 8/7/1 7 General Instruc ons Definition of a U.S. person. For federal tax purposes. you are Section references are to the Internal Revenue Code unless considered a US.person if you are: otherwise noted. • An individual who is a U.S.citizen or U.S.resident alien. • A partnership.corporation, company.or association created or Purpose of Form organized in the United Slates or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number(TIN) •An estate(other than a foreign estate), or to report, for example, income paid to you.real estate • A domestic trust(as defined in Regulations section transactions,mortgage interest you paid acquisition or 3017701-7). abandonment of secured property cancellation of debt, or contributions you nude to an IRA. Special rules for partnerships. abins that conduce a trade cx business in the United Sttatestes are generally required to Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners' share of income resident alien), to provide yaw correct TIN to the person from such inFurther, In certain cases where a Form W-9 requesting it(the requester)and,when applicable,to: has not been received a partnership is required to presume that 1.Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax. wetting lora number to be issued), Therefore, if you are a U.S. person that Ma partner in a 2.Certify that you are not sublecl to backup withholding, or partnership conducting a trade or business in the United Slates. provide Form W-9 to the partnership to establish your U.S. 3 Claim exemption from backup withholding A you are a U S status and avoid withholding on your share of partnership exempt payee. If applicable,you are also certifying that as a income. U.S. person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S.trade business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding foreign partners' share of effectively connected income on its allocable share of net income from the partnership Note. If a requester gives you a for other than Form W-9 to conducting a trade or business in the United States is in the request your TIN.you must use the requester's form if it is following cases substantially similar to this Form W-9. • The U S owner of a disregarded entity and not the entity. Cal No.102342 Comm W-9 Ne*.to 20071 V • Iwi!s UNDERGROUNDCONS?RUCTTON 307 N Amphlett Blvd. dba Lirpresa Plumbing San Mateo,CA 94401 Residential-Commercial Industrial General Engineering Contractor Tel.800 246-6425 California Lie 778128(A,A,C36) Fax 650343-8256 CONFIDENTIAL - Proposal I Contract EPS Inc. Privileged Information Proposal Submitted in Client: Date of this Proposal: 7,in of Los Altos Filth Amh Jen Chen August 1,2017 Name of Omer if different from Client Telephone: Entail:Jen Chen JCheni4osaltoshills.ca.em> • Billing address: Location oflob: 12345 Brioncs Way Los Altos 1Tills.CA We are pleased to submit this Proposal and Contract for: Job Description During construction, we made some changes to the sewer extension project on Briones Way due to unforeseen field conditions. We installed a new gravity main below the existing Blain,directed the flow from the existing force Drain to the new main,and disconnected the existing main which has no incoming flow now. As requested by the Town, we propose performing the following work to properly abandon the disconnected main. EPS will perform the following work: • Cap off the 12"and 6' lines on both ends and fill up both manholes with CDF to approximately 3' from the surface, break manhole cone down to 3'. • Remove frame and cover • Back fill the excavated area and compact to 95% • Remove and dispose of debris • Repave both areas to meet Town's current standards Cost$10,000.00 Payments:Owner shall pay Contractor the sums listed above,subject to additions and deductions provided herein,in installments as follows 10%down,payment upon acceptance of proposal.Progress invoices relative to We percentage of completed work will be generated sod are due upon receipt.Final payment is du upon completion.Payments due and unpaid under the contract shall bnerest of 18%per annum To be paid by: Cheek : Credit Card No. (Exp Date _1= Job Start Date: Job End Dare Delay: EPS Inc.(Contractor)shall be excused of any delay in -Due to the emergency natmx of this Job,EPS Inc.will immediately completion of the contract caused by acts of God,the acts of We owner begin processing necessary Permits after Client Acceptance and or their agent,employee or independent contractor.contractors hired schedule the work for directly by die owner,adverse weather conditions,labor troubles.acts of Therefore,Client hereby waives the right to cancel this Joh within Public utilities,Public bodies or Inspectors,extra work,failure of the three(3)days: (Client Initials) owner to make payments promptly,Ore,delay in transportation, unavoidable casualties or other contingencies unforeseeable or beyond -This Proposal may be withdrawn by EN Inc.within day(s) the reasonable control al'the contractor. if not accepted by Client from date of the Proposal. NOTICE Contractor,subcontractors,suppliers and other persons who help to - A monthly 1 '6%penalty will be charged on past due accounts. improve your property have the right to enforce a lien against your property for unpaid balances(Mechanics'Lien Iaw-California Code of Civil Procedure-Section 1181 et send Sem ing the entire Bay Area since 1989 Copy to Client Client Initials 41111? bald EPS Inc. Construction DBA Express Plumbins Page 2 of3 No contractual rights arise until both parties in writing accept this proposal. The following terms &conditions are hereby declared an integral part of this proposal Standard Exclusion List:All permits, fees,and bonds.Concrete removal and replacement unless noted on proposal.Cost of compaction testing.All onsite spoils removal and hazardous material removal.Not responsible for damage to unmarked utilities.'trenching in ground or rock mere we can't dig at least 50 if hr at 4' of depth with a 580 backhoe or 10011'per ha with 5200 lbs excavator will go to time and material.All dewatering.'there will be extra cost occurred if we have to deviate from the plans due to unforeseen problems,or if directed by the city inspector,the engineer of the project,and any other of the owners representative.There will he an extra charge for all asphalt saw cutting and removal after ID'thickness.Not responsible for connections to existing piping. EPS is not responsible for the condition of the existing piping and connection to existing piping No testing of backflow devices. No engineering.No landscape replacement.No asphalt grinding.Not responsible for tie in at building and at the main for sewer lines and water Imes due to around movement beyond our control.'lbere will be added cost if trenching through area filled with concrete.asphalt and such debris that slow down trenching and backlit!procedure.No knee removaleoplacemem. No addendums are included unless noted on the proposal_No AC removal/replacement unless noted on proposal.'I his quotation is based on drilling in sand,silt,and clay and does not include rock,cobble.sandstone or fill material.Additional compensation will be required for drilling in rocky soil conditions. Drilling in rock soil conditions may be indicative by the following.increase hydraulic pressures on the drill rig.decreased penetration rates during pilot hole and pre-reaming operations(greater than I minute per IS foot drill rod)_hits and reamers for drilling in rack arc required for penetration.All quotes are good for 30 days due to the weekly cost increase of materials. Insurance: Owner shall procure at his own expense and before the commencement of any work hereunder. fire insurance with course of construction, vandalism and malicious mischief clauses attached. such insurance to he in a sum at least equal to the contract price. with loss.if any.payable to any benelicimy under any deed of vast covering tic project. Owner shall obtain and pay for insurance against i jury to his employers and persons under Owner's direction persons on the job site at Owner's invitati a,all Owner_guests.Contractor m 'shall carry Workmen's compensation insurance as required by law. Waimntv:Contractor warrants to the owner that all materials and equipment furnished under tins Agreement will he new unless otherwise speci0ed,and all completion work will he ofgood quality. free from faults and defects and in conformance with the Contract documents_If within one year after the date of substantial of Contractor s Work or designated portion thereof.or one year after acceptance of the Owner of designated equipment or murk.or within such longer period of time as prescribed by the temp of any applicable special warranty required by the contract documents. any of the work is found to he defective or not in accordance with the contract documents,the Comdictor shall enact it tyithiii a reasonable time after receipt of a written notice from the Owner to do so,unless the Owner has previously accepted such condition.The Owner shall give such notice promptly after discovery of the condition. Right to Stop Work:Contractor shall have the right to stop work if any payment shall not be made timely to contractor under this agreement. Contractor may keep the job idle until all payments are received. Furthermore.the Contractor may at his option terminate the contract and the owner shall he liable to the contractor for breach of contract,and all damages resulting therefrom. Pm eet'an of Work: Owner shall effectually secure and protect the work done by contractor hereunder and assume full responsibility ter the condition thereof.Owner shall be Iablc iia any loss or damage to any wort:in place or to ally equipment and materials ora the job site caused by Owner or his agents. employees or guests. Control of the Work: For the proper execution of the work. Contractor must have sole control over the work and coordination of subcontractors and employees. The owner may crake changes in the work as provided by this a_ cm, but such changes must be coordinated sem{through contractor. Owner shall not request any chwiges in the work directly from any Contractor's�subcontractors,employees or suppliers. Concealed and Changed Conditions: Contractor shall notify Owner of any condition at the site orwhich were concealed from Contractor's reasonable inspection of the site,including but not limited to: hard rocky ground,and concealed gas telephone.cable.and/or utiI to lines. Owner as extra work shall pay for any expense incurred due to such concealed or changed conditions. Damage to Property:Owner understands that in the perlounance of the work Contractor or his employees may cause damage to existing real and personal property at lie exterior of the site including,but not limited to, landscaping, fences,driveway,sidewalks, and irrigation and to the existing interior of the residence and/or garage,and to Owner's personal Property at the site but shall not he responsible for any such damage,in the absence of malice or gross negligence. Owner assumes the risk of any damage for personal injury or property damage to owner or any third parties if owner continues to occupy the Wilding/residence during the course()lithe work. Disclaimers:Contractor shall not be responsible fin any labor or materials supplied by others on this project.or far any damages arising out of any labor or materials provided by others on this project. Contractor cannot guarantee his work to the extent that it is dependent uponork performed by other contractors who were not hired by Contractor. Contractor will use its best elbows hut is not responsible for matching any pre-existing concrete or landscaping of Owner.Contractor shall also not he responsihle for any earth movement or settlement of Owner's property. Notice to Contractor:If lie Owner hecomes aware of any fault or defect in the project or non-conformance with the drawings or specifications.Owner shall give prompt waitten notice thereof to Contractor. Ba nkmnrev:If either party becomes bankrupt,the other party has the right to cancel this contract. Mediation: If at any time any contmcen} shall arise between Contractor and Owner regarding any thine pertaining to this agreement or the contract documents, and which the parties hereto do not promptly adjust and determine. the controversy shall lirst be submitted to mediation. The cost of said mediation shall be borne equally by the parties. lllnediation is unsuccesslid and the parties do not resolve the dispute in mediation and proceed to litigation, then the cost of mediation,including attorney's fees shall be recoverable as accost o the prevailing party in said litigation. Attorney's Fees:In the went he parties hereto become involved in litigation or arbitration arising out of this contract_or the performance or breach thereof, the trier of fact shall award reasonable costs expenses and attorney's fees to the prevailing party.The trier of fact shall not he bound by any Conn lee schedule,and may in the interest ofjustice,award the full amount of costs.expenses,and attorney's fees incurred in good thith_ Governing Law:the Imus of the State of California shall govern this am-cement. Serving the entire Bay Area since 1989 Copy to Client Client Initials EPS Inc. Construction DBA Etp,ess Plumbing Page 3 of 3 Limitations: No action of any character, whether at Ian or in equity, and whether sounding in contract tort or otherwise-arising from or related to this contract.or the performance thereof,shall be commenced by either party against the odder mole than two years alter completion or cessation of work under this contract.This limitation shall not be extended by any negligent misrepresentation or unintentional concealment, but shall be extended as provided by law for willful fraud,concealment or misrepresentation. Termination of Contract. If the work is stopped for a period of 30 days under an order of any court or other public authority Lavine jurisdiction,or as a result of any act of government.suchas a declaration of a national emergencies making materials unavailable.through no act or fault of the Contractor- its employees or agents, or if the work should be stopped for a period of 30 days by the Contractor because the owner has not mode timely payments to Contractor as provided herein,or because of Owner's failure to perform or have performed any potion of the work which Owner was obligated to perform. their Contractor may terminate this Agreement and recover from the Owner payment for all work executed and for ally loss sustained upon any materials. equipment, tools.construction equipment and machinery. including re onable profit and overhead and damages. If the Owner terminates the contract. w O ,er shall reimhurse Contractor for any unpaid out of the work due Cmnractor under the contract.Owner shall also pay Contractor f'or any loss sustained upon any materials.tools,equipment and machinery. including reasonable nable profit and o'crhend and damages. . in case of such a termination of the contract, the owner shall further assume and become liable for any andall obligations commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with said work. Proof of Pasmena Owner shall furnish reasonable evidence sutisiuetory to We Contractor'_prim to commencing work and at such future times as may he required.that sufficient Ponds are available and committed to the entire cog of the project. Unless such reasonable evidence is furnished,Contractor is not required to commence or continue any work.or may if such evidence is not presented within a reasonable lime,stop work upon 10 days notice to Owner. 'lire failure mf Contractor to insist upon the providing of this evidence at any time shall not be a waiver of Owner obligation to make payments pursuant to this Agreement r h ll itl iv r olContrackffis rightt p, st or insistt t such evidenceIcprovided at a later dat . Restoration of Work: 11.the project is destroyed o r damaged by an accident, disaster h calamity, such as Ere. storm, hod, landslide. subsidence. or earthquake.or by theft or vandalism,any work done by Cut for in rebuilding est 'n the project shgl be paid tia by Owner, Entirety.of Aerec nurh This agreement gexecuted by Ow and Contractor,together with the documents referred to in this Agreement.constit tes the entire agreement between the parties with respect to the work hereunder,and there are no oral or wvri sten understandings,representations or commitments of any kind,express or implied not expressly: t forth referred to r Asbestos.Lead Mold Si Ilazardous Waste: Unless the contract specifically calls for thee ov l of disturbance. transportation ol'asbestos. lead or other hazardous substances_ the paries acknowledge that such work requires special procedures, precautions,and/or licenses. Therefore, unless the contract .specifically calls for same,if Contractor encounters such substances.Contractor shall immediately mop work and allow Owner to a duly qualified asbestos. lead,mold,and/or hazardous material contractor to perform the work or do the work himself at Contractor's option.Said work shall he treated as an extra under this contract. Contractor is not responsible for pre-existing mold, or for mold caused by a long-term leak or a flood. svhicir were not caused by Contractor. Arbitration:Any controversy.claim or dispute arising out of or relating to this contract or any breach_including without Iimiation ally dispute concerning the scope of this arbitration clause.shall be settled by hindina arbitration. Complaint: In case of complaint,the owner may contact Contractors State license Board at(916)255-4183 or I' 0 Box 269116 Sacramento. CA 95826- 9116 Ownerfs): Contractor PPS,Inc.dha Express Plumbing B3 Signature Contractor's License e Date Na_778428 .Serving the entire Bay Area since 1989 Copy to Client Client Initials