Professional Documents
Culture Documents
i. Richard Murillo
Submitted To ii. Raj Setty
iii. Sudha Setty
3077 EI Camino Real
Address
Santa Clare, CA 95051
310-279-0130
Contact Detail
Kimyaw360@gmail.com
1) Projected Fee
Our proposed fee is Seven Thousand One Hundred and 50 Dollars, as follows.
Sr.
Description Cost $USD
No
Total 7,150
2) Scope of Work
I. Electrical consulting services for Silicon Valley Power application, to upgrade
building electrical service to 3Ph power, with new 3Ph meter for Real Ice
Cream tenant located outdoors, including:
i. Electrical load form, based on equipment loads provided by landlord/electrician.
Page 1|6
Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams
Page 2|6
Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams
Page 3|6
Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams
Page 4|6
Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams
disputes, and other matters in question between the parties to this Agreement,
arising out of, or relating to, the Agreement or the breach thereof, shall be
handled through and submitted to good faith mediation of a mutually agreed upon
service, experienced in the resolution of construction disputes, prior to initiation of
arbitration, unless both parties mutually agree otherwise. The cost of said
mediation shall be split equally between the parties. This agreement to mediate
and any agreement to mediate with any additional person or persons duly
consented to be the parties to this Agreement shall be specifically enforceable
under the prevailing law of the jurisdiction in which this Agreement was signed.
The mediation shall be held in San Francisco County in California, unless another
location is mutually agreed upon by both parties.
XI. Arbitration: Client and Williams and Frederick Industries agrees that all
claims, disputes, and other matters in question between the parties to this
Agreement that are not resolved by mediation shall be decided by arbitration,
unless both parties mutually agree otherwise. Arbitration shall be administered by
the American Arbitration Association in accordance with its Construction Industry
Arbitration Rules in effect on the date of this Agreement. A demand for arbitration
shall be made in writing, delivered to the other party to this Agreement, and filed
with the person or entity administering the arbitration. A demand for arbitration
shall in no event be made after the date when the institution of legal or equitable
proceedings based on the claim, dispute, or other matter in question would be
barred by the applicable statute of limitations. The award rendered by the
arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof. Client and Williams
and Frederick Industries waive consequential damages for claims, disputes, or
other matters in question arising out of or relating to this Agreement. This mutual
waiver is applicable, without limitation, to all consequential damages due to either
party’s termination of this Agreement. The arbitration shall be held in San
Francisco County in California, unless another location is mutually agreed upon
by both parties. Litigation is not available, and all issues or disputes must be
resolved by either mediation or arbitration.
XII. Waiver: Failure of a party to enforce a right under this Agreement will not act as a
waiver of that right or the ability to later assert that right relative to the particular
situation involved.
XIII. Severability: In the event any provisions herein shall be deemed invalid or
unenforceable, all remaining provisions shall be valid and binding upon the
parties.
XIV. Assignment: No party to this Agreement may assign, delegate, or transfer, by
operation of law or otherwise, all or any portion of its rights, obligations or
liabilities under this Agreement without the prior written consent of the other
parties to this Agreement. This Agreement shall be binding to the benefit of the
heirs and successors of each of the parties.
Page 5|6
Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams
XV. Liability: In recognition of the relative risks and benefits of the project to both the
Client and Williams and Frederick Industries, the risks have been allocated
such that the Client agrees (including the Client’s affiliated entities and
individuals, contractors, representatives, successors, and assigns), to the fullest
extent permitted by law, to limit liability of the Williams and Frederick
Industries, and that corporation’s officers, directors, partners, employees,
shareholders, owners, sub-consultants, agents, and affiliated entities for any and
all claims, losses, costs, damages, liabilities, suits, demands, and expenses of
any nature whatsoever whether arising from breach of contract or warranty,
negligence, whether active or passive, professional errors or omissions, or other
common law or statutory theory of recovery, or claims for expenses from any
cause or causes, including attorney’s fees and costs and expert witness fees and
costs, so that the total aggregate liability of the Williams and Frederick
Industries, and that corporation’s officers, directors, partners, employees,
shareholders, owners, sub-consultants, agents, and affiliated entities shall not
exceed the Williams and Frederick Industries total fee for services rendered on
the Project. Limitations on liability, waivers, and indemnities in this Agreement are
business understandings between the parties and shall apply to all legal theories
of recovery, including breach of contract or warranty, breach of fiduciary duty, tort
(including active or passive negligence of the Williams and Frederick
Industries), strict or statutory liability, or any other cause of action. The parties
also agree that the Client will not seek damages in excess of the contractually
agreed-upon limitations directly or indirectly through suits against other parties
who may join the Design and Engineering Professional as a third-party
defendant.
XVI. Execution: In witness whereof, the parties hereto have accepted, made and
executed this Agreement upon the terms, conditions and provisions above stated,
the day and year first above written. We appreciate the opportunity to propose on
this project. If the contract document, terms, and conditions are acceptable to
you, we can begin work as soon as we receive a copy of the signed contract. We
would, of course, have to approve any requested changes before proceeding.
Please send the retainer deposit upon sign of contract. This proposal offer is valid
for 30 days from the proposal date.
Sincerely, Accepted by:
Page 6|6