Staff report with attachments
PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/21/2021 ITEM NO: 4
DATE: September 21, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with
Harry L. Murphy Incorporated for Flooring Replacement at the Adult
Recreation Center in an Amount Not to Exceed $135,905 Including a Ten
Percent Contingency RECOMMENDATION:
Authorize the Town Manager to execute an Agreement for Services with Harry L. Murphy
Incorporated for flooring replacement at the Adult Recreation Center in an amount not to
exceed $135,905 including a ten percent contingency.
BACKGROUND:
This project will replace the flooring in the Adult Recreation Center to better provide
comfortable, attractive, and easier to maintain floor coverings throughout the facility. The new
flooring products include vinyl plank for community rooms, lobby, and hallway, and non-slip
material for the stairs. Commercial grade carpet squares will be installed in the offices. The
existing floor coverings throughout the facility have exceeded their serviceable life.
DISCUSSION:
The quote was received from Harry L. Murphy, Inc., a flooring contractor that is a member of
Sourcewell, an organization that establishes competitive labor and materials costs. Sourcewell
contractors are held to these competitive industry labor and material costs. Only one quote
was obtained based on this information as the Town’s Purchasing Policy allows for the use of
cooperative purchasing agreements.
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Harry L. Murphy Incorporated for Flooring Replacement at the Adult Recreation Center in an Amount Not to Exceed $135,905 Including a Ten Percent Contingency DATE: September 21, 2021
DISCUSSION (continued):
Sourcewell awards contracts through Cooperative purchasing which is a procurement
conducted by one or more "Public Procurement Units" as defined by the American Bar
Association Model Procurement Code for State and Local Governments.
Sourcewell holds hundreds of competitively solicited cooperative contracts ready for use by
government, education, and nonprofit organizations. Harry L. Murphy Flooring Inc. has one
of these contracts and a membership with Sourcewell.
This allows members or awarded contractors within Sourcewell to provide established
competitive industry standard pricing for materials and labor, ensuring that the customer using
a Sourcewell contractor will get the best price available for the purchase and service.
Harry L. Murphy Inc. has provided excellent service for the Town for a similar project at the
Library.
CONCLUSION:
Authorize the Town Manager to Execute an Agreement for Services with Harry L. Murphy
Incorporated for flooring replacement at the Adult Recreation Center in an amount not to
exceed $135,905 including a 10 percent contingency. Approval of the recommended action will
allow this project to progress.
FISCAL IMPACT:
The Adopted FY 2021/22-2024/25 Capital Improvement Program has sufficient funding for the
Adult Recreation Center – Floor Repair project.
Adult Recreation Center - Floor Repair
Project 821-2206
Budget Costs
GFAR $200,000
Total Budget $200,000
Harry L. Murphy Incorporated $135,905
Total Expenditures $135,905
Remaining Balance $64,095
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Harry L. Murphy Incorporated for Flooring Replacement at the Adult Recreation Center in an Amount Not to Exceed $135,905 Including a Ten Percent Contingency DATE: September 21, 2021
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Agreement for Services Including Exhibit A
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Harry L. Murphy Inc.
Agreement for Services Page 1 of 7
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 21st of September 2021, and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Harry L. Murphy
Inc. (“Service Provider”), whose address is 42 Bonaventura Dr. San Jose, CA 95134. This Agreement
is made with reference to the following facts.
I.RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider
was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide flooring installation services at the Adult
Recreation Center building.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications,
experience, and resources necessary to timely perform the services described in this
Agreement. Service Provider acknowledges Town has relied upon these warranties to retain
Service Provider.
II.AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain
Proposal sent to the Town on September 8, 2021, which is hereby incorporated by reference
and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from execution through
June 30, 2023, subject to appropriation of funds, notwithstanding any other provision in
this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Service Provider
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Service Provider to practice
its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant
to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
ATTACHMENT 1
Harry L. Murphy Inc.
Agreement for Services Page 2 of 7
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and
all reports and supportive data prepared by the Service Provider under this Agreement are
the Town’s property and shall be delivered to the Town upon the completion of services or
at the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Service Provider in connection with the performance of its services pursuant
to this Agreement are confidential until released by the Town to the public, and the Service
Provider shall not make any of these documents or information available to any individual
or organization not employed by the Service Provider or the Town without the written
consent of the Town before such release. The Town acknowledges that the reports to be
prepared by the Service Provider pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Service Provider in connection with other projects shall be solely at Town's
risk, unless Service Provider expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Service Provider which is and
has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation. Compensation for services shall be in an amount of $123,549.96 plus
$12,355.14 for unforeseen expenses, for a total agreement not to exceed $135,905,
inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement. Service
Provider shall make these records available to authorized personnel of the Town at the
Service Provider offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Service Provider. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
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2.10 Independent Contractor. It is understood that the Service Provider, in the performance of
the work and services agreed to be performed, shall act as and be an independent
contractor and not an agent or employee of the Town. As an independent contractor he/she
shall not obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Service Provider may perform some
obligations under this Agreement by subcontracting, but may not delegate ultimate
responsibility for performance or assign or transfer interests under this Agreement. Service
Provider agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. Service Provider shall be compensated for its costs and
expenses in preparing for, traveling to, and testifying in such matters at its then current
hourly rates of compensation, unless such litigation is brought by Service Provider or is
based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements with
any individual member of the Staff or management of the Town or its representatives nor
shall it enter into any such holdings or agreements. In addition, Service Provider warrants
that it does not presently and shall not acquire any direct or indirect interest adverse to
those of the Town in the subject of this Agreement, and it shall immediately disassociate
itself from such an interest, should it discover it has done so and shall, at the Town's sole
discretion, divest itself of such interest. Service Provider shall not knowingly and shall take
reasonable steps to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person Service Provider discovers
it has employed a person with a direct or indirect interest that would conflict with its
performance of this Agreement Service Provider shall promptly notify Town of this
employment relationship, and shall, at the Town's sole discretion, sever any such
employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them on the basis of
age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental
disability, national origin, religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and his/her
firm to an amount not less than: one million dollars ($1,000,000) combined
Harry L. Murphy Inc.
Agreement for Services Page 4 of 7
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Service Provider agrees to have and maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of Service
Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self-insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Service Provider's insurance
and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Service Provider's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and
maintain Workers' Compensation insurance as required by California law and shall provide
evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider
provide the required Workers' Compensation insurance for their respective employees.
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Agreement for Services Page 5 of 7
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and
defend the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Service Provider, or any of the Service Provider's officers, employees, or agents or any
subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to
terminate this agreement with or without cause by giving not less than fifteen days (15)
written notice of termination. In the event of termination, the Service Provider shall deliver
to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town bears to
completed services contemplated under this Agreement, unless such termination is made
for cause, in which event, compensation, if any, shall be adjusted in light of the particular
facts and circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq.
of the California Labor Code requiring the payment of prevailing wages, the training of
apprentices and compliance with other applicable requirements. Contractors and all
subcontractors who perform work on the project are required to comply with these
requirements. Prevailing wages apply to all projects over $1,000 which are defined as
a “public work” by the State of California. This includes: construction, demolition,
repair, alteration, maintenance and the installation of photovoltaic systems under a
Power Purchase Agreement when certain conditions are met under Labor Code Section
1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov
and are on file with the Town of Los Gatos Parks and Public Works Department,
which shall be available to any interested party upon request. The contractor
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Agreement for Services Page 6 of 7
is also required to have a copy of the applicable wage determination posted
and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor
Code Section 1774-1775 (the payment of prevailing wages and documentation
of such), Section 1776 (the keeping and submission of accurate certified
payrolls) and 1777.5 in the employment of apprentices on public works
projects. Further, overtime, weekend and holiday pay, and shift pay must be
paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California
Department of Industrial Relations may impose penalties upon contractors and
subcontractors for failure to comply with prevailing wage requirements. These
penalties are up to $200 per day per worker for each wage violations identified;
$100 per day per worker for failure to provide the required paperwork and
documentation requested within a 10-day window; and $25 per day per worker
for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of
retention on any and all projects on which the payment of prevailing wages is
required, the contractor agrees to present to the TOWN, along with its request
for payment, all applicable and necessary certified payrolls (for itself and all
applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply
with the mandates set forth in Labor Code Section 1720 et seq, as well as any
additional documentation requested by the Agency or its designee including,
but not limited to: certified payroll, fringe benefit statements and backup
documentation such as monthly benefit statements, employee timecards,
copies of wage statements and cancelled checks, proof of training contributions
(CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to
the TOWN, the contractor and all subcontractors shall be required to submit
certified payroll and related documents electronically to the California
Department of Industrial Relations. Failure to submit payrolls to the DIR when
mandated by the project parameters shall also result in the withholding of
progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public
works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this
requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on
a public works project, unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. Contractors MUST be a
registered “public works contractor” with the DIR AT THE TIME OF BID. Where
the prime contract is less than $15,000 for maintenance work or less than
$25,000 for construction alternation, demolition or repair work, registration is
not required.
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Agreement for Services Page 7 of 7
4.4.8 Should any contractor or subcontractors not be a registered public works
contractor and perform work on the project, Contractor agrees to fully
indemnify the TOWN for any fines assessed by the California Department of
Industrial Relations against the TOWN for such violation, including all staff costs
and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire
payment amount, until certified payroll forms and related documentation are
properly submitted, reviewed and found to be in full compliance. In the event
that certified payroll forms do not comply with the requirements of Labor Code
Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover
estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Service
Provider.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Harry L. Murphy Inc.
42 Bonaventura Dr.
San Jose, CA 95134
or personally delivered to Service Provider to such address or such other address as
Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Service Provider. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
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Agreement for Services Page 8 of 7
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
Service Provider, by:
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk
Date: 9/8/2021
Proposal To (Contact):Daniel Keller
Contact Email: Dkeller@losgatosca.gov Contract # 080819-SII
Company: Town of Los Gatos
Address: 41 Miles Ave
City, ST, Zip:Los Gatos, CA 95030
Phone Number: 408-395-5310
Fax Number:
Project Name: Los Gatos Community Center
Sourcewell Member#
Jobsite Address
Company:
Address:700 W Parr Ave
City, ST, Zip:Los Gatos, CA 95032
Phone Number:
Fax Number:
Installation Company:
Company Name Harry L. Murphy Inc.
Contact: Jose Rojo
Address: 42 Bonaventura Dr
City, ST, Zip San Jose, CA 95134
Email: jose@harrylmurphy.com
Phone Number: 408-807-9023
Fax Number: 408-955-1111
Local Contact (Sales Rep):Chelasea Schultz
Shaw Project Manager:Melanie Taylor
Email: Melanie.Taylor@shawinc.com
Phone: 770-276-7502
Fax: 706-423-3293
Region 1 (WEST) : AK, CA, HI, ID, MT, NV, OR, WA
Product Type Style Color Backing Units Unit of
Measure Member Price Extended
Carpet Tile Memory Tile Eco 310 SY 18.63$ 5,775.30$
Rexcourt Multi Purpouse Sports Flooring SY -$ -$
LVT Terrain 2 TBD 3850 SF 2.58$ 9,933.00$
Rubber Base 4" Topset TBD 17 Rolls 97.97$ 1,665.49$
Rubber Treads Round Raised Stair Treads TBD 6 Box 476.72$ 2,860.32$
Weld Rod -$
Open Market (If Applies)-$
20,234.11$
Adhesives & Flooring Accessories Units Unit of
Measure Member Price Extended
5000 Shaw Pressure Sensitive Adhesive 6 PAIL 81.54 489.24$
1000 Shaw Multi Purpose Adhesive PAIL -$
1200 Shaw Multi Purpose Adhesive PAIL -$
4100 Resilient Adhesive 14 PAIL 147.83 2,069.62$
Tread and Landing Adhesive 3 PAIL 50.76 152.28$
4151 Universal Adhesive PAIL -$
Shaw Cove Base Adhesive 7 PAIL 35.59 249.13$
2,960.27$
Service Description Unit of Measure Quantity
Installation Vendor Price
(Can be less, but not to
Exceed)
Extended Price Installation
Vendor will be paid
Carpet Demolition (standard)SY 350 5.72$ 2,002.00$
Carpet Disposal SY 350 2.55$ 892.50$
Broadloom Carpet Installation (no pattern)SY 11.13$ -$
Carpet Tile Installation SY 250 11.26$ 2,815.00$
Carpet Border Work LF 3.87$ -$
4" Vinyl Base Installation (excludes materials)LF 3,000 2.88$ 8,640.00$
VCT Installation (no pattern; excludes materials)SF 2.53$ -$
Transition Installation (excludes materials)LF 300 3.61$ 1,083.00$
Minor Floor Preparation (excludes materials)HR 300 86.90$ 26,070.00$
Furniture Removal and Replacement HR 76.47$ -$
Furniture Lift and Carpet Removal SY 27.68$ -$
LVT/VCT Demolition (standard)SF 3,746 1.74$ 6,518.04$
LVT/VCT Disposal SF 3,746 1.77$ 6,630.42$
**Rubber Stair Tread, 1 Piece Unit PC 36.00$ 70.81$ 2,549.16$
18"X18" Rubber Landing Tile Install SF 100.00$ 7.83$ 783.00$
Sheet Vinyl Demolition (standard)SY 8.18$ -$
Sheet Vinyl Disposal SY 2.60$ -$
Skimcoat - Labor & Material (LVT requires two skimcoats)SF 8,388.00$ 2.36$ 19,795.68$
LVT Installation (no pattern; excludes materials)SF 3,850.00$ 4.35$ 16,747.50$
Sheet Vinyl Installation (no weld; cove; pattern; excludes materials)SF 4.35$ -$
Moisture Testing (quantity varies based on job size)EA 5.00$ 176.00$ 880.00$
Weld Rod Installation LF 2.88$ -$
Food (Per Diem)PP 73.28$ -$
Hotel / Motel Night 203.57$ -$
Mileage Reimbursement Mile 0.92$ -$
Project Management Fee (up to 18% of material cost) EA 27,492.70$ < 18%4,948.58$
Supplemental Benefits HR 22.00$ -$
TOTAL OF LABOR ON CONTRACT 100,354.88$
Open Market Unit of Measure Quantity Unit Installation Price Price Installation Vendor
will be paid
-$
-$
-$
-$
-$
-$
-$
-$
-$
TOTAL OF LABOR - OPEN MARKET -$
TOTAL OF LABOR ON CONTRACT & OPEN MARKET 100,354.88$
**Standard job size is a minimum of 200 SY for carpet tile & broadloom and 500 SF for resilient products. Additional charges may apply for smaller projects.
**Supplemental Benefits to be utilized if prevailing wage rates exceed the labor rates listed above.
Shaw Industries, Inc Sourcewell Labor Region 1 WEST - UNION LABOR
**All labor pricing listed for regular time rates are "Not to Exceed." Overtime rates will apply for night/Saturday work at 1.5x regular time rates & Sunday/holiday at 2.0x regular time rates
** Stair tread pricing based on average - size of tread to be determined before pricing can be finalized.
EXHIBIT A
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