Real Ice Cream – Proposal

Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

Proposal Date 10/04/2021

i. Richard Murillo
Submitted To ii. Raj Setty
iii. Sudha Setty
3077 EI Camino Real
Address
Santa Clare, CA 95051

Williams and Frederick Industries

Submitted By
License Number: CSLB 1071606

310-279-0130
Contact Detail
[email protected]

Re: Real Ice Cream – Proposal

Dear Sir,
Here is our proposal for your kind consideration, the following is an additional service fee
proposal to provide consulting services for the described project.

1) Projected Fee
Our proposed fee is Seven Thousand One Hundred and 50 Dollars, as follows.

Sr.
Description Cost $USD
No

1 Electrical Services 7,150

Total 7,150

2) Additional Facilities
I. Work such as addendums, amendments, variations in the scope, value
engineering, construction administration, or unforeseen conditions are additional
services subject to re- negotiation or will be billed monthly based on the following
rates.

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 Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

Sr.
Description Cost $USD
No

1 Principal $210 per hour

2 Project Manager $190 per hour

3 Project Engineer $165 per hour

4 Drafter $100 per hour

II. Delivery and production services are reimbursable at cost plus a 10% handling
charge. In- house plotting is reimbursable at $3 per sheet.

3) Compensation Agenda
Specialized fees will be billed monthly based on progress per the following schedule,
with reimbursable expenses attached. Terms are net fifteen (15) days. Any invoice
not paid within fifteen (15) days is subject to a 3.5% monthly interest charge. Final
payment must be received before application package is released for initial
submittal.
Sr.
Description Cost $USD
No
1 At Sign of Contract 3,575

2 Before Submittal 3,575

4) 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.
ii. Electrical single line diagram.
iii. Electrical meter elevation drawing, if needed.
iv. Electrical site plan drawing, up to 5 feet outside of building, if needed.
v. Coordinate 30 day load study with electrician, if needed, if building as-
builts/record drawings are not provided.

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 Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

II. Project meetings and site visits, as follows:

i. Up to two (2) conference calls.
ii. Up to one (1) site visit.
III. Coordination with landlord, tenant, and other trades.
5) Out of Scope
I. Stamped/signed drawings and calculations for permit submittal.
II. Physical/digital plan check submittal and permitting/routing process at
Building Department. Plan check, pre-app, and AHJ meetings. Plan
check/permit fees.
III. Construction administration services (to be billed on an hourly basis per
Section E.1. as needed).
IV. Commissioning and HERS rating services.
V. As-built and survey existing MEPF systems and routing, structure, clearances,
etc. including items in concealed spaces and not visible. Produce as-built, record,
construction, and shop drawings, including updating design plans to reflect
installation and field modifications.
VI. Mechanical, plumbing, fire sprinkler, fire alarm, fire suppression, and fire life safety
systems design.
VII. Gas meter room design and associated MEPF design.
VIII. Telephone, data, television, A/V, security, entry, and low voltage systems design.
IX. Short circuit, breaker coordination, and arc flash studies.
X. Solar photovoltaics, solar thermal, and solar water heating systems design.
XI. Indoor lighting, outdoor lighting, sign lighting, parking lot lighting, and street
lighting modifications design. Photometric evaluation/report.
XII. Outdoor heating, power, and systems design. EV charger systems design.
XIII. Backup, emergency, standby, and temporary power (batteries, generator), HVAC,
and other systems design.
XIV. Acoustical engineering, soils analysis report, landscape irrigation, stormwater
treatment, perimeter drainage, and site utilities design (civil scope).
XV. Silicon Valley Power and utilities (gas, electrical, water, sewer, etc.) application
process and new/upgrade service management.
XVI. Assessment and review of utilities (gas, electrical, water, sewer, grease waste,
etc.) usage, or usage by other tenants or users with shared utilities/meters/mains.
(Capacity confirmation based on usage to be provided by landlord/base building
engineer/contractor, based on accurate as-builts, utility 1 year maximum demand
data, or 30 day load studies.)
XVII. Book specifications.
XVIII. LEED documentation, calculations, certification, submittal, and associated design.
XIX. Multiple phase, multiple permit, and multiple bid/pricing set packages. Cost

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 Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

estimating.
XX. Attend and participate in OAC meetings, weekly/bi-weekly meetings, etc. (Can
attend on an as-needed basis per Section E.1.)
XXI. Create or procure CAD backgrounds or BIM models of floor plans, reflected
ceiling plans, roof plan, site plan, elevations, layout, etc. (to be provided by
architect, client, etc.)
XXII. Revit and BIM modeling.
XXIII. Title 24 calculations.
XXIV. Site utility plan for power, gas, water, sewer, etc. (to be provided by civil
engineer if needed).
XXV. MEP equipment sizing, selection, specification, etc., including tracing circuits,
determining existing connected electrical loads, and performing 30 day load
readings (to be provided by electrician if accurate as-builts are not available).

6) Terms and Conditions

I. Agreement: This Agreement between Client and Williams and Frederick
Industries constitutes the entire and only Agreement between the parties. All
other prior negotiations, representations, agreements, and understandings are
superseded hereby. No agreements altering or supplementing the terms hereof
may be made except by written document signed by both parties. “Client”
includes the Client and the Client’s affiliated entities and individuals,
contractors, representatives, successors, and assigns. “Williams and
Frederick Industries” includes the design and engineering professional’s
corporation, and that corporation’s officers, directors, partners, employees,
shareholders, owners, sub-consultants, agents, and affiliated entities.
“Parties” means the Client and Williams and Frederick Industries. If a Client
is represented by an entity, individual, or individuals, and the Agreement is
executed by such entity, individual, or individuals, this Agreement will be
deemed to be executed on behalf of the Client, and this Agreement shall be
binding to both the Client and such entity, individual, or individuals.
II. Duties and Responsibilities: Williams and Frederick Industries hereby
agrees to provide professional services set forth in this Agreement in
accordance with generally accepted professional practices and standards for
the locality in which the services are provided and for the intended use of the
project at the time such services are performed. Williams and Frederick
Industries makes no other warranty, either expressed or implied.
III. Instruments of Service: The drawings, specifications, CAD files, Revit files,
calculations, spreadsheets, documents, and any other instruments of service
provided by Williams and Frederick Industries shall remain the property of
Williams and Frederick Industries and shall not be used by Client, including

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 Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

on any other project or for completion of this project by others, without Williams
and Frederick Industries’ prior written authorization.
IV. Site Access: Unless otherwise stated, Williams and Frederick Industries will be
provided access to the project site for any activities necessary for the performance
of the services. Williams and Frederick Industries will take precautions to
minimize damage due to these activities. However, Client hereby agrees that
Williams and Frederick Industries shall not be held liable for any resulting
damage nor for the cost of restoration of any resulting damage.
V. Uncontrollable Conditions: Neither party shall hold the other responsible for
damages or delay in performance caused by natural disasters, strikes, lockouts,
accidents or other events or conditions beyond the other party’s control.
VI. Project Suspension: If the project is suspended for more than thirty (30)
calendar days or abandoned in whole or in part, Client agrees to pay Williams
and Frederick Industries for all services rendered to the date of project
suspension, including but not limited to all reimbursable expenses. If the project is
resumed after being suspended or abandoned, Williams and Frederick
Industries compensation and fee shall be subject to renegotiation.
VII. Project Duration: This Agreement is based on a reasonably expected project
design and construction schedule per industry standards. In the event of any
project delay or any other circumstance causing the project schedule to be
extended beyond what is reasonably expected, or eighteen (18) calendar months
for the design phase, whichever is less, Williams and Frederick Industries
compensation and fee shall be subject to renegotiation. Client agrees to pay
Williams and Frederick Industries for all services rendered to date.
VIII. Termination: This Agreement may be terminated by either party upon seven (7)
days written notice. In the event of termination, Client shall pay Williams and
Frederick Industries for all services performed by Williams and Frederick
Industries up to the date of termination, including but not limited to all
reimbursable expenses.
IX. Indemnification: Client agrees, to the fullest extent permitted by law, to
indemnify and hold harmless Williams and Frederick Industries, its officers,
directors, partners, employees, shareholders, owners, sub-consultants, agents,
and affiliated entities from all claims, liabilities, suits, demands, losses, damages,
costs, and expenses, including reasonable attorney’s fees and costs of defense,
arising out of or in any way connected with the performance by any of the parties
named under this Agreement.
X. Mediation: Client and Williams and Frederick Industries agrees that all claims,
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

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 Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

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.
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

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 Real Ice Cream – Proposal
Williams and Frederick Industries Contact: Kimya Williams

310-279-0130 [email protected] 10/04/2021

License number: CSLB 1071606

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:

Kimya Williams Signature Date

Principal

Print Name / Title

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