ATTACHMENT A
D3060071 / T4033016 Stockton County Library - Manteca Branch - Phase 3 - Childre Installation Services
Service #Line # Descripion
40.00 00001090 Services for Project Mgmt. Delivery and Installation Notes: Pricing per Quote #457029 | Scope of work- Receive, Store, | Re-deliver only.
Options:
Loading Dock? No,loading dock does not exist at site
Special Loading Doc
Info?
na
What floor of bldg deliver
to?
1st
Elevator available to
use/size
Not Applicable
Stair carry necessary? na
Doorway sizes Yes, All doorways are 36"W or more
Special Doorway Info? na
Debris Removal? Yes, removal all debris from site
Prevailing Wages ? Yes, Prevailing Wage Rates Required
Addl Prevailing Wage
Info?
na
Customer SITE
CONTACT Name?
Jenni Fontanilla
How many trips to install? Single Trip for All Items
Stnd Work Hours 8a-5p
M-F
Stnd Work Hours 8a-5p M-F
Shelving - Wall/Floor
Mnt?
Yes, secure shelving to walls
Wall Types? Drywall,
Concrete,
Concrete
Layout for Installers
Required
Received
No elec/phone/cable
work incl.
Crews will not handle any elec/phn/cable connectio
Exist.furniture not
included
Crew will not move/dispose/relo any existing furni
ATTACHMENT A
D3060071 / T4033016 Stockton County Library - Manteca Branch - Phase 3 - Childre
41.00 00000480 Installation Services by CA Valley Construction Notes: Scope of work- Installation & | remove of debris Options:
Loading Dock? No,loading dock does not exist at site
Special Loading Doc
Info?
na
What floor of bldg deliver
to?
1st
Elevator available to
use/size
Not Applicable
Stair carry necessary? na
Doorway sizes Yes, All doorways are 36"W or more
Special Doorway Info? na
Debris Removal? Yes, removal all debris from site
Prevailing Wages ? Yes, Prevailing Wage Rates Required
Addl Prevailing Wage
Info?
na
Customer SITE
CONTACT Name?
Jenni Fontanilla
How many trips to install? Single Trip for All Items
Stnd Work Hours 8a-5p
M-F
Stnd Work Hours 8a-5p M-F
Shelving - Wall/Floor
Mnt?
YES - Site in CA requires Installer Licensing
Wall Types? Drywall,
Concrete,
Concrete
Layout for Installers
Required
Received
No elec/phone/cable
work incl.
Crews will not handle any elec/phn/cable connectio
Exist.furniture not
included
Crew will not move/dispose/relo any existing furni
ATTACHMENT A
D3060071 / T4033016 Stockton County Library - Manteca Branch - Phase 3 - Childre Sub Total
Shipping $8,578.56
Other Services $35,812.50
GRAND TOTAL $245,345.86
$185,044.06
$15,910.74Tax
Like many businesses, we are experiencing unexpected price increases and extended lead times from our vendor partners for materials and transportation. We are trying to absorb the costs as much as possible, but in some cases, we have been forced to raise prices on our products. As such, the prices on this quote expire on the date listed and must be re-quoted after that date.
*Please be aware that lead times have increased for some vendors on this quote due to the high volume of orders this time of year. It is possible that some of the items on this order could have ship dates in March or later, depending on when the order is submitted.
Demco may require a down payment on this order, please contact your Demco Consultant for more information.
ATTACHMENT A
D3060071 / T4033016 Stockton County Library - Manteca Branch - Phase 3 - Childre Quote ID: T4033016
Shipping & Delivery Options If this quote includes options, they are based on the following list, (note: shipping options may only apply to certain shipments):
Billing Information
Manteca Branch Library
320 W Center St
Manteca, CA, 95336-4539
Bill Contact:
209-937-8221
Shipping
Jenni Fontanilla
Manteca Branch Library
320 W Center St
Manteca CA 95336-4539
Customer Contact
Jenni Fontanilla
209.937.8306
[email protected]
Designer
Emily Bronk
Drawing ID:
Signature that authorizes Demco to place this order:
Signature Date
ATTACHMENT A
1.2021
DEMCO INTERIORS
TER
MS AND CONDITIONS
Please read these terms and conditions carefully. All orders for goods and any related s
ervices (“Products”) by any buyer (“customer”) from Demco Interiors are governed by these terms and conditions. Demco Interiors is a service offered by Demco, Inc.
1. Exclusive Terms. D emco agrees to sell its products only on these terms and conditions, unless otherwise agreed upon in writing by both parties. You shall be deemed to have accepted these terms and conditions by any written indication of acceptance, by submitting an order in response to a quotation, by any action affirming your order without objection to these terms and conditions, by accepting any whole or partial shipment of Products, or by making any whole or partial payment to Demco.
2. Price.
Unless Demco agrees otherwise in writing, you agree to pay Demco’s product price in effect at the time an order is accepted by Demco. In any project, critical decision points will occur requiring timely communication by customer of color, fabric, finish choices. If decisions are not made in a timely fashion, Demco reserves the right, by giving you notice at any time before delivery, to increase the price of the Products to reflect any increase in the manufacturing or production cost to Demco, any change to delivery dates, quantities or specifications for the Products requested by you, or any delay caused by your instructions or your failure to give Demco adequate information or instructions.
3. Cancellation of Orders .
By submitting an order to Demco, you are accepting
responsibility for beginning the procurement of products wherein returns or cancellations of customized products are generally not allowed. You may not cancel an order, in whole or in part, without the written consent of Demco. No cancellation will be accepted by Demco except on terms that will fully indemnify and reimburse Demco against loss, including recovery of all costs incurred by Demco, and including indirect and overhead charges and profit.
4. Delivery.
You acknowledge that shipment dates and delivery dates are estimates only.
Demco agrees to use all reasonable efforts to meet the estimated shipping dat e subject to your prompt provision of all necessary specifications and information; however, Demco will not be held responsible for any failure to meet an estimated date. If you request a delay in shipment, Demco shall have the right to (i) bill you for the Products at the initial requested delivery date, and (ii) bill you for any storage charges incurred. In the case of delivery of Products by installments, you agree that you will not treat the delivery of faulty Products in any one installment or the late delivery or non-delivery of any one installment as a repudiation of the whole contract. Unless special shipping instructions are received and accepted by Demco before the shipment date, Demco shall, in its sole judgment, determine the means and routing of shipment, or store the Products at your expense until you provide shipping instructions.
5. Risk and Title to Products .
Unless otherwise expressly agreed by Demco, all
shipments are F.O.B. point of shipment. “Point of shipment” shall be, as applicable:
Demco’s dock; for drop shipments, manufacturer’s or distributor’s dock; for international Products, the United States point of entry. Demco will select the origin of all shipments, and all delivery destinations will be subject to Demco’s approval. Title to and risk of loss for Products will pass at the F.O.B. point.
6. Exclusion of Warranties .
You acknowledge that Demco is not the manufacturer of
the Products, and therefore (a ) Demco makes no express or implied warranties of any kind w
ith respect to the products, and (b) Demco expressly disclaims any implied warranty of m
erchantability or fitness for a particular purpose. All Products are warranted only to the e
xtent of the manufacturer’s warranties, which Demco will provide to you at your request.
7. Limitation of Remedies and Damages . Demco’s liability and your remedies under this Agreement will be limited solely to replacement or credit, at Demco’s option, with respect to Products for which Demco has received, within fourteen (14) days after your receipt of the Products, evidence satisfactory to Demco of defective or incorrect Products.
Demco’s liability will in no event be greater in amount than the purchase price of the products. Demco will not be liable, under any circumstance for consequential, incidental, special or punitive damages, including, but not limited to, labor costs or lost profits resulting from the products being incorporated in or becoming a component of any other article. Neither party will have any negligence or other tort liability to the other, or to any third party arising from any breach of this agreement.
8. Variations.
Any minor shortages or defects that do not materially affect the use for which the Products are intended will not affect the terms of payment. Products, specifications, and colors may differ slightly from those illustrated in Demco’s literature and samples. Any typographical or clerical omission in any sales literature, price list, quotation, acceptance of offer, invoice or other document or other information issued by Demco shall be subject to correction without any liability on the part of Demco.
9. Claims.
Demco’s responsibility for shipment shall cease upon delivery to the carrier.
Any claims for damages or loss occurring in shipment shall be made by Demco on your behalf directly to the carrier. All other claims for damages, defects, loss, shortages, or incorrect Products must be made within fourteen (14) days after receipt of the Products, unless otherwise agreed by the parties in writing. Your failure to make any claim within the specified time period will result in the unconditional waiver of that claim. Demco reserves the right to accept or reject any claim in whole or in part. Demco shall not be responsible for any defects caused by your willful or negligent acts, incorrect storage or installation of the Products, or normal wear and tear. Any claim based on a manufacturer’s warranty shall be made within the period prescribed by the warranty. 1 0. Credit Report and Payment . You hereby give Demco permission to make all reasonable inquiries into your credit history. Following such reviews, Demco will notify you of the payment terms for your orders, which will be one of the following:
a. Net 30 Days.
If these terms apply to you, all amounts due under this contract shall be paid within 30 days following your receipt of an invoice. b. 25% Down, Net 30 Days. If these terms apply to you, you must pay 25% of the contract upon notice from Demco of the terms of payment, and the r
emaining amount due shall be paid within 30 days following your receipt of an invoice.
c. 50% Down, Net 30 Days. If these terms apply to you, you must pay 50% of the contract amount upon notice from Demco of the terms of payment, and the r
emaining amount due shall be paid within 30 days following your receipt of an invoice.
d. 100% Down or Payment Bond. If these terms apply to you, all amounts due under this contract shall be paid upon notice from Demco of the terms of p
ayment. Alternatively, you may provide a payment bond or other security acceptable to Demco.
If you are required to make a down payment under the preceding payment terms, Demco m
ay not process your order for Products under this contract until such down payment is received by Demco. You agree that you will not withhold payment of any amount due b
ecause of any other claims or set-off you may have against Demco.
11. Collection and Other Fees . You agree to pay Demco all costs, including reasonable attorneys’ fees, incurred by Demco in collecting amounts you owe to Demco or in otherwise enforcing, asserting, or defending these terms and conditions.
12. Indemnity. If the Products are to be manufactured or any process is to be applied to the Products in accordance with a specification submitted by you, you hereby indemnify Demco against all loss, damages, costs and expenses awarded against or incurred by Demco in connection with or paid or agreed to be paid by Demco in settlement of any claim whatsoever including, but not limited to, infringement of any patent, copyright, design, trademark or other intellectual property rights of any other person that results from Demco’s use of your specification.
13. No Installation.
These terms and conditions do not govern the installation of any Products purchased from Demco. Please refer to your installation agreement for the terms relating to installation.
14. General
F
orce Majeure. Demco shall not be liable for any delay or default in performing this c
ontract if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of Demco.
L
egal Interpretation. Any disputes relating to this contract shall be decided in accordance with the laws of the State of Wisconsin without reference to conflicts of laws principles. Exclusive jurisdiction and venue for any lawsuit relating to this contract shall lie in the state and federal courts of Dane County, Wisconsin. The prevailing party in any lawsuit relating to this contract shall be entitled to recover its costs and reasonable attorneys’ fees.
Severance and Waiver. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any other provisions of this contract, and this contract shall be construed as if such invalid or unenforceable provision were not included in this contract. Failure or neglect by Demco to enforce a
ny of the provisions hereof shall not be construed as nor be deemed to be a waiver of Demco's rights hereunder, and Demco's right to take subsequent action shall not be p
rejudiced thereby.
Successors and Assigns. This contract shall inure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, legal personnel, representatives, successors and assigns, but shall not be assignable by you without the written consent of Demco.
E
ntire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the Installation services and supersedes all prior agreements, representations, warranties, statements, promises, arrangements and understandings whether written or oral, expressed or implied with respect thereto.
Any changes or additions to the Installation services or this contract must be agreed in writing by Demco and you.
N
otice. Any notice required or permitted to be given by either party in this contract shall be in writing and addressed to the other party at its registered office or principal place of business or such other address as may have been provided by written notice.
ATTACHMENT A
1.2021
DEMCO INTERIORS
I
NSTALLATION CONTRACT
TERMS AND CONDITIONS
Y
ou have asked Demco Interiors to assist with the installation of goods that you have purchased from Demco. These terms and conditions, together with the foregoing needs assessment, govern our respective rights and obligations relating thereto and constitute a contract between you and Demco.
1. Input Material. Demco will rely on certain "Input Material" that you have provided. "Input Material" means all Documents and other materials, and any data and other information provided by you relating to the installation and shall include the Input Document between you and Demco. "Documents" means, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data. Demco shall have no liability for any loss, damage, costs, expenses or other claims arising from any Input Material or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other faults.
All Input Material reasonably necessary to Demco shall be supplied by you at your own expense. Such Input Material must be provided with sufficient time to enable Demco to provide the installation services in accordance with this contract. You will be responsible for the accuracy of all Input Material. All right, title, and interest in and to the Input Material shall be retained by you. Demco shall maintain the confidentiality of all Input Material marked "confidential" by you; but the foregoing shall not apply to any third-party installer and shall not apply to any Documents, materials, or information which are or become available to the public.
You warrant that all Input Material, including Demco 's use of such Input Material with respect to the installation, does not and will not infringe the copyright, patent, or other rights of any third party, and you hereby indemnify Demco against any loss, damages, costs, expenses (including reasonable attorneys' fees) or other claims arising from any such infringement.
2. Installation Services. Demco agrees to provide the installation services indicated on the foregoing needs assessment, for the price indicated on such specifications, subject to the terms of this contract. Demco may contract with a third-party installer to provide the installation services under this contract. Demco may at any time make any changes to the installation services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the installation services. Demco shall supply the installation services using reasonable care and skill and, as far as reasonably possible, in accordance with the specifications and at the intervals and within the times referred to in the foregoing needs assessment. Installation service shall include debris removal to dumpsters provided by others. If Demco is to supply dumpsters additional charges will apply.
Upon completion of the installation, you must inspect the installation and prepare a punch list of all defects. You must submit such punch list to Demco within 14 business days of installation, and Demco will take all reasonable commercial action (including, at Demco 's option, replacement or repair) to correct any defects in the workmanship or materials. If you do not inform Demco of any defects on the punch list, you will be deemed to have accepted the goods as being in good order and in conformity with the contract. Identification of any defect shall not relieve you of your payment obligations under this contract. Demco cannot be responsible for any defects caused by your willful or negligent acts, incorrect storage or installation, or normal wear and tear.
3. Credit Report and Payment. Upon execution of this contract, Demco will conduct a standard review of your credit history, and you hereby give Demco permission to make all reasonable inquiries into your credit history. Following such review, Demco will notify you of the terms of payment for this contract, which will be one of the following:
a. Net 30 Days. If these terms apply to you, all amounts due under this contract shall be paid within 30 days following your receipt of an invoice. b. 25% Down, Net 30 Days. If these terms apply to you, you must pay 25% of the contract upon notice from Demco of the terms of payment, and the remaining amount due shall be paid within 30 days following your receipt of an invoice. c. 50% Down, Net 30 Days. If these terms apply to you, you must pay 50% of the contract amount upon notice from Demco of the terms of payment, and the remaining amount due shall be paid within 30 days following your receipt of an invoice.
d. 100% Down or Payment Bond. If these terms apply to you, all amounts due under this contract shall be paid upon notice from Demco of the terms of payment.
Alternatively, you may provide a payment bond or other security acceptable to Demco.
If you are required to make a down payment under the preceding payment terms, Demco will n
ot proceed with its obligations under this contract until such down payment is received by Demco. You agree that you will not withhold payment of any amount due because of any o
ther claims or set-off you may have against Demco.
4 . Warranties and Liability . Demco shall not be liable for any loss, damage, or expense of any kind or nature caused directly or indirectly by the goods used in this project, the use or maintenance thereof, the repair, service or adjustment thereof, or any loss of business however caused, or the provision of the installation services; provided however that Demco shall be liable for damages caused directly by and to the extent attributable to the negligence or intentional misconduct of Demco. Demco shall not be liable for any incidental, special or consequential damages.
5. Termination. Either party may (without limiting any other remedy) at any time terminate this contract by giving 30 days' written notice to the other. Upon termination of this contract, you shall pay to Demco the charges provided in Section 2, above, in proportion to the amount of the installation services provided prior to such termination.
6. General
Force Majeure. Demco shall not be liable for any delay or default in performing this contract if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of Demco.
Legal Interpretation. Any disputes relating to this contract shall be decided in accordance with the laws of the State of Wisconsin without reference to conflicts of laws principles. Exclusive jurisdiction and venue for any lawsuit relating to this contract shall lie in the state and federal courts of Dane County, Wisconsin. The prevailing party in any lawsuit relating to this contract shall be entitled to recover its costs and reasonable attorneys’ fees.
Severance and Waiver. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any other provisions of this contract, and this contract shall be construed as if such invalid or unenforceable provision were not included in this contract. Failure or neglect by Demco to enforce any of the provisions hereof shall not be construed as nor be deemed to be a waiver of Demco 's rights hereunder, and Demco 's right to take subsequent action shall not be prejudiced thereby.
Successors and Assigns. This contract shall inure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, legal personnel, representatives, successors and assigns, but shall not be assignable by you without the written consent of Demco.
Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the Installation services and supersedes all prior agreements, representations, warranties, statements, promises, arrangements and understandings whether written or oral, expressed or implied with respect thereto.
Any changes or additions to the Installation services or this contract must be agreed in writing by Demco and you.
Notice. Any notice required or permitted to be given by either party in this contract shall be in writing and addressed to the other party at its registered office or principal place of business or such other address as may have been provided by written notice.
ATTACHMENT A