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Home My WebLink AboutResolution - 2023-R0517 - Façade, Commercial Revitalization Grant, Dixie Partners II LP, 1805 Pkwy Dr - 10/24/2023Resolution No. 2023-R0517 Item No. 5.9 October 24, 2023 RESOLUTION WHEREAS, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of the Market Lubbock Economic Development Corporation (the "Corporation"), the City Council of the City of Lubbock (the "City Council"), as thc Corporation's authorizing unit, has the authority to approve all programs and expenditures of the Corporation; and WHEREAS, the City Council finds that it is in the best interest of the public to approve the program or expenditure, as proposed to the City Council by the Corporation, as set forth in Exhibit "A" attached hereto and incorporated herein by reference; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Commercial Rcvitalization Fa�ade ('lrant program or expenditure of the Corporation, in the amount sct forth in Exhibit "A" attached hereto and incorporated herein by reference, to be provided to Dixie Partners II, LP, is hereby approved pursuant to Section 5 of the Amended and Restatcd Bylaws of the Corporation. Passed by the City Council on October 24, 2023 ATTEST: Courtney Paz, City Se }� TRAY PA E, MAYOR APPROVED AS TO CON'I'TNT: VVl/v� (/�i� Brianna Brown, Business Dcvclopment Director APPROVED AS TO FORl�1: � r elli Leisure, Senior Assistant City Attorney ccdocs/RES. Market Lubbock CRG Pacade l:xpenditure Dixie Partners 10.2.23 Resolution No. 2023-R0517 RE 23-57 RESOLUTION APPROVING DIXIE PARTNERS II, LP AT 1805 PARKWAY DRIVE CONIIV�RCIAL REVITALIZATION FA�ADE AND PERMITTABLE GRANTS THE STATE OF TEXAS COUNTY OF LUBBOCK At a regular meeting of the Board of Directors of MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, INC., a Texas nonprofit corporation (MLI), on Wednesday, September 27, 2023, held in conformity with the bylaws, after due notice as therein provided, a yuorum being present and acting, the following resolution was unanimously adopted: WHEREAS, MLI presented to members of the Board the proposal of a possible Economic Development Grant and Contract to Dixie Partners II, LP, who is renovating their building at 1805 Parkway Drive, which is located in the East Lubbock Neighborhood Empowerment Zone as designated by the City of Lubbock. Dixie Partners II, LP was founded in 2009 and is excited to be part of the revitalization of East Lubbock. The scope of the facade work includes a new exterior face totaling $50,000. The scope of permittable work includes demolition, HVAC, plumbing, and electrical work totaling $1,189,539 in permittable expenses. Total expense for this project is $1,239,539. The terms and conditions of such Economic Development Grant and Contract, other than the normal terms and conditions applicable to al( such Economic Development Grant and Contracts by the Corporation, are described generaIly as follows, to wit: Grant Dixie Partners II, LP a Commercial Revitalization Fa�ade Grant for $25,000 and a Permittable Grant totaling $100,000 at 1805 Parkway Drive, which is in the East Lubbock Neighborhood Empowerment Zone, once proof of payment has been submitted. WHEREAS, The Board of Directors of MLI finds that an Economic Development Grant and Contract offering the incentive for providing assistance for renovations to their property, meet and comply with the qualifications and purposes of the Corporation for the granting of such Economic Development Grants and Contracts. Upon Motion by Director, Mr. James Conwright, and Seconded by Director, Dr. John Opperman. 1T WAS RESOLVED that MLI offer and, if accepted by Recipient, enter into an Economic Grant and Contract with Dixie Partners II, LP for improvements to the property at 1805 Parkway Drive, Lubbock, Texas. This Economic Development Grant and Contract will be on the normal terms and conditions of such Downtown Grant Program and Contract offered by MLI to existing businesses and business prospects and authorize the CEO to enter into and execute all documents related to the Economic Grant and Contract. � John Osborne, President & CEO � Linda Davis, Secretary MARKET LUBBOCK, INC. COMMERCIAL REVITALIZATION GRANT PROGRAM 1805 Parkway Drive (Dixie Partners II, LP) TOTAL COMBINED SCOPE OF WORK =$1,239,539 COMBINED GRANT = $125,000 TOTAL FAC�ADE SCOPE OF WORK =$50,000 FAC�ADE GRANT = $25,000 TOTAL PERMITTABLE SCOPE OF WORK =$1,189,539 PERMITTABLE GRANT = $100,000 M A R K E T 1 1 I •''�, 1 1 r� Commercial Revitalization Grant Program Presented to MLI Board September 27, 2023 Project 1805 Parkway Drive (Fa�ade and Permittable) Dixie Partners I1, LP is renovating its building at 1805 Parkway Drive, located within the East Lubbock Neighborhood Empowerment Zone as designated by the City of Lubbock. Dixie Partners II, P was founded in 2009 and is excited to be a part of the revitalization of East Lubbock. The scope of fa�ade work includes a new exterior face totaling $50,000. The scope of permittable work includes demolition, HVAC, plumbing, and electrical work totaling $1,189,539 in permittable expenses. Total expense for this project is $1,239,539. The MLI Board is being asked to consider a Commercial Revitalization Grant Program Fa�ade Grant for Dixie Partners II, LP totaling $25,000 and a Commercial Revitalization Grant Program Permittable Grant totaling $100,000 at 1805 Parkway Drive. LUBB�CK. Commercial Revitalization Grant - Application The information requested on this form will be used by Market Lubbock, Inc. for analysis of your project. MLI CONTACT INFORMATION Jorge Quirino - Special Projects Phone: 806.749.4500 Market Lubbock, Inc. 1500 Broadway, Sixth Floor, Lubbock, TX 79401 Email: ior4eCc�marketlubbock.orq Date Initial Application Submitted (Due prior to start of construction or permits assigned) 05/02/23 Projected Project Start Date 05/22/23 Project Property Address 1805 Parkwa Dr. Lubbock, Texas Property LCAD R# 83192 GENERAL INFORMATION ABOUT THE COMPANY Company Name Dixie Partners II, LP Street Address P O Box 270874 City, State, Zip Flower Mound, TX. 75027 Name David S ada Title Pro'ect Manac Phone Number 940-595-1969 Email DavidCc�biador NT INFORMATION ABOUT THE PROJECT Property Ownership: Own � Grant Type (May choose both if applicable): Permittable � Lease ❑ Owner Approved ❑ Fa�ade 0 1 MLI 9.14.23 Detailed Pro'ect Summa includin ro�ected start date and Descri tion of Work: Com lete renovation on this ro ert . Roof, fa ade,exterior li htin , arkin lot, lumbin , electrical, HVAC, etc. COMPANY BACKGROUND List any person or entity that has at least 5% ownership in the Applicant Company: Name Percent Name Percent James Michael Kevlin Is the firm registered with the Secretary of State's Office to do business in Texas? Yes � Are you in good standing with the State of Texas? Yes � If vou answered "No" to either of the above two questions, please Is the firm and/or principals delinquent on any federal, state or local tax obligations? No � Has the company or principals of the company had prior bankruptcies or lawsuits? No � If vou answered "Yes" to either of the above two questions, please explain Is the firm receiving tax revenue from any government agency? No � APPLICANT'S RESPONSIBILITIES (PROPERTY OWNER OR LEASEE) City of Lubbock requirements: City of Lubbock - Planning Department 806-775-2108 Contact the City of Lubbock to determine the following: ❑ Does the scope of work meet East Side standards and guidelines? ❑ Are permits required for any aspect of the scope of work? ❑ Are public improvements required? � Is there a current Certificate of Occupancy on file for this property? Market Lubbock, Inc. (MLI) requirements: Manager of Downtown & Special Projects (Jorge Quirino) 806-749-4500 Application Packet: � Initial application (page one of this document) must be received by MLI prior to the start of construction and/or before permits are assigned All remaining documents must be received and an application packet presented to the MLI Board no more than three months after the initial application is received by MLI. Date Final Documents Received: ❑ Copies of City permits or City approval ❑ Copy of Current Certificate of Occupancy ❑ Detailed Construction Bids or Schedule of Values ❑ Before Picture (prior to construction beginning) � Architectural Plans (if applicable) � Architectural Renderings (if applicable) After completion of construction: ❑ Certificate of Occupancy or Similar City Document Approving Completion (Applicant responsible for final scope of work matching approved scope) Proof of Payment: ❑ PAID Invoices (must reference the approved project) ❑ Processed Checks, Bank or Credit Card Statements matching PAID invoices (legible copies) 2 MLI 9.14.23 Overview • An Applicant must be a valid Owner or Tenant (Lessee) of the property needing improvements • Properties must fall within the Lubbock Downtown TIF boundaries (Central Business District TIF) • Single-Family residences and duplexes are excluded. • An Applicant is eligible to receive a permittable grant and/or fa�ade grant per property (LCAD R# or Development Lot), per enterprise, per year. Must wait one year from approval to apply again for the same property. (Expenses used in one application cannot be used in another application.) • Applicant is not eligible for grant program funding if delinquent in property taxes according to LCAD records - includes all LCAD properties listed in the applicant's name • MLI disbursements are characterized as "reimbursable grants" - Applicant pays expenses first • Expenses eligible for reimbursement must relate to reasonable costs or expenses. • Receipt of an application is not a guarantee of grant approval. Grant Types Permittable Projects • Improvements require a City of Lubbock permit • Improvements may be made to the exterior and/or interior of the property • Improvements must total a minimum of $5,000 • The permittable grant reimburses 10% of approved expenses up to a$50,000 grant • Permittable scope of work that may be considered: • HVAC • Plumbing • Electrical • Structural • Any other work requring a City of Lubbock permit Fa�ade Projects • Improvements may or may not require a City of Lubbock permit • Improvements must be made to the exterior of the property facing the most prominent street • Improvements must total a minimum of $1,000 • The farade grant reimburses 50% of approved expenses up to a$25,000 grant • Fa�ade scope of work that may be considered: • Painting • New windows and doors • Signage • Landscaping • Parking lots • Awnings • Any other work that improves the appearnce of the fa�ade Signature (not required for electronic submittals): David Spada Date: 5/2/23 per email 3 MLI 9.14.23 Madewell Construction Inc. 7314 73rd St Lubbock, Texas 79424 Jordan: 806-570-0264 Devin: 806-243-1716 Office: 806-368-0710 Bill To: Kyle Wooldridge@gmail.com Work Address: 1530 E 19th St Lubbock, TX Lubbock, TX � kwooldridqe(a�Qmail.com DESCRIPTION Commercial Make Ready for Strip Center off 19th and MLK Jr Blvd Scope of Work Includes: E�erior Portion - Approx. 500sq ft of EIFS on Front Elevation - New Glass Fronts for All Store Fronts - Removal and Repour of Sidewalk - Parking Lot Reno - 6500sq ft of Existing Concrete Sealed and Stripped 5000sq ft of New Parking Prepped, Laid and Stripped - Approx. 2840sq ft of Exterior Painting Interior Portion - Demizing Walls as Needed, Repaired and/or Cleaned Up and Refurbished - Paint and Texture Repairs Throughout - HVAC Repairs and Service to Existing Set Up - Flooring as Needed Throughout Tenant Spaces - Electrical Work to Refurbish and Replace as Needed Overhead and Profit -10% Progress Draws for Milestones Being Met - Any Balance Due Upon Completion JQ: Fa�ade $50,000 / Permittable $151,675 Customer Signature: Date: �roposal DATE: September 12, 2022 $ $ $ AMOUNT 102,600.00 80,740.80 18,334.08 TOTAL I $ 201,674.88 "'We Accept Cash, Check, or Credit Card(with handling fee)** Make all checks payable to Madewell Construction Inc., 7314 73rd Street Lubbock, TX 79424 If you have any questions concerning this invoice, contact Jordan, 806-570-0264, jordan@madewell-construction.co THANK YOU FOR YOUR BUSINESS! . �� + �,,:� _ . .,�, . , - { , �,,, , �:•��;�: � ..' --^r,,�. 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Construdion Table of Contents 1. PROPOSAL SUMMARY 2, PROjECT DIAGRAM 3. SQ. FT. OF AREAS 4. RTU SUPPORT DETAIL S. SCOPE OF WORK & PRICE P.0 Box 550, Texas City, TX 77592 ♦ Ph j4091 539-2429 • Fx (281) 724-9400 • �austin@liqu -pro.com � � � � � �� Walerproofing . Roofing . Co�str�cfion Proposal Summary FROM john Austin, President Liqui-Pro Industries, Inc. PO Box 550, Teaas City, Texas 77592 409-370-5178 PROJECT Strip Center 1807 Parkway Dr. Lubbock, Texas ABSTRACT At the request of Mr. David Spada, Liqui-Pro Completed estimates to Tear oFf and re- place the roof system, install silicone restoration system and install VacuSeal TPO system. Tlie most economical rooFsystem is the VacuSeal TPO system. PROJECT SUMMARY Per information obtained from the customer the existing roof consists of a tecttim deck, BUR mopped to the tectum, insulation board and a BUR 4vitli gravel. Due to the building having t�vo separate roof systems the VacuSeal system is a perfect fit for tliis application. Since we are removing the gravel before installation the new roof system will not add mucli weigl�t if any at all the building structure. Also included in tl�e pro- posal is the instailation of (5) RTU support syste►ns mounted to the concrete deck beams. This also incitides sealing the curbs after the RTU contractor finishes the in- stallation. We have provided an allowance in this proposal for the repiacement of (3) separate areas of roofing aiid tectum deck not exceeding 2 panels per area. This roof system is UL approved and compliant �vith Florida building code for high velocity hurricane zones. P.O. Box SSO, Texas City, TX 77592 ♦ Ph (409) 539-2429 ♦ Fx (281) 724-9400 ♦ jaustin@liqui-pro.com Diagram 1807 Parkway Drive, Lubbock, Texas, United States �. : �-� j-> : � Area Measurement Report 1807 Parkway Drive, Lubbock, Texas, United States Total Roof Area: 29105 sqft T :: � r � �� Walerprooling . Roofing . Construdion Proposal DaTE: August 25, 2023 ArrN: Mr. David Spada $COPE OF WORK 1. Setup al! safety and perimeter worning as needed. 2. Acquire roofing permit from the city of Lubbock. 3. Vocuum all loose gravel and debris off of roof. 4. In� `oll '/:" gypsum board loose laid. 5. Install VacuSeal Air Distribution Strips per manufacturer's specifications. 6. Install new 24-gauge TPO-cooted edge metal around a1l perimeters. 7. Insrall 60 mil TPO membrane and all related roof flashings. 8. Heat-weld all laps per manufacturer's specifications. 9. Attach TPO roof system perimeters per manufacturer's specifications. 10. lnstall VacuSea! Vents at designoted locations provided by manufacturer. 11. Cut out and replace (3) deierioroted secrions of roof. Totaf of (6J tectum boards included in proposal. 12. Install(5) new support structures to receive new RTUs. 13. Sea/ roof sysiem io new RTU curbs after rnstallation. 14. Remove all debris generated from project. 15. Provide a(2J Year workmanship worronty from Liqui- Pro Industries, Inc. 16. Provide a(15J Year warronty from rhe manufacturer. For the Sum Of: $248,389.00 plus sales tax if applicable Exclusions: Windsform fees. Niechanical, electrical ana plurnbing disconnects or re-connects if necessary. Roof or deck replaceme�i other than described in scope of work. PRo�ecT: Strip Center Vacu5eal TPO Roof Sysiem AooRess: 1807 Parkway Dr lubbock, Texas PROJECT PICTURES Figure I F�gure 2 $268,881 with Tax q«nri r �m�r. thni if mai.wi. hi, cmucd :h� d�Aei6nr pn �., iL. : eun br_mnm� ., c.�mraeior�is nn� ImM1lr ior propem dnmay or Iv�,Lk inmr.� el�ms ill.�_aih resuh��; Gem mcra dama'e a timyue v�d mold ml'e.-,auon I Iia.e ters� mid �mdrn�nnd �he imm< nnd condium�.. �ii ihr.i,•.nd�r� warrann us�md b; i�q�rPro Indusm¢s. luc .�II ma�enal<:rte •uaramvai w Ik xs ;fq�c�f N�II wml u. br <onq•Ic�eJ m e�.aakmen h1c n�t n:r xemJnig io .�nnJ�iJ eun•�trun�on pratn.c. \II ��urkm�nti�ip �o c.:�.aicJ fm a �wni�.l uf {I i �ai �mit>s oAicnax �lat.d in th�<<vo�vyl \m� nhcratiun m d.rin�inn lion� a�:i•�:ii�dwtu out6��d atene n�.0 �.mv evn cu>� a�ll be :tacw.d onlv .�x n,.ritiu: appro.el. and �. ill beeome �n <�tro chmye ��er anJ ntv� r:h: n��nu�e :\�raoinenn:anunuem�qwnsmko n.udrnn.nil:4�sbqondnw..•nr.e! O�.n:::�•eyr, t��; tomz.k, and othern:tieu�i� imuran:: flu� aodcr:.ua hiil� .v��en•il c; .�u.m.m ,_. mp;nsau�.,, m;ur.incr 4CCfiP'f \\('F:OF PHOI'(I� \I. —'fhe �ha.e yria� ,petifico�iai. nnJ condi�ians are>a�isfanur. nad arc hereh� arcepted. l'ou wr aw6orixeJ �o dn �hr Hork as syecified. Pa� mene wdl 6e JO'%�• al mobiliroUan and balan<r due upun romyltlion unlese outlined apo�e. LP REPRESENTATIVE: ACCEPTED BY SIGNATURE: PRINTED NAME: SIGNATURE: Dnre: John Austin Jr. Y ' C^✓ � - � i S �� L � �— 3-X�.2v23 Emarl ja�stin(�liQui-oro com • Cell: �409) 370-5178 � Fax: {281) 724-9400 • Address P 0 Eox 550, Texas City, 77592 � Web www f�oui-oro com T�P VIEW �CORNER BRACKET ON INSIDE CORNER TRIP�E 2X6 FRAME OUHLE 2X6 CENTER BRACE END vIEw n.• ° e .v • . .' d '• • • ° • e . • � ° .. 'a � d . ,e. , ' . • ' a d . e° , d . '. °' ' ' ' e . ' . . a . d ' Y • � • � � ' • d • • °' . . d. ' .d � d. � _ . ' � � . . . a a, • e . , aa .. 4, • oe ' ' e, . ' a , • ' , d . e •a ' . . . . . . • . y . . • d . .. d° . • e , d • ' a 'a.' . a" : e .. ,• • •a. G. . . ; : • • a .. d � � ' p � d. a' • . � ' . . .' a d . ; a d • d d ' .. • . . . . . . . '.O,a ' . .n da . ° �a. a e . d o: •e aa' . -d • 'ae . d . a .. • . • ,�d: .' a ' e a e.., • . . . LIQUI�PRQ RTU CURB SUPPORT INDUSTRIES scn�E NTS DETAIL SHEEf 1 •�_, L+� ! . �� '�r, .� LUBBOCK MASONRY, INC. 7720 - 19th Street � Telephone: 806.795.2954 � Lubbock, Texas 79407 Fax: 806.793.0135 OCTOf3GR 26, 2022 I31G D PROPI;R"I'IES ATTN: DAVID RE: CINDF,R BLOCK FENCE @ 1805 PARKWAY KF,ViSF.D BID PROPUSAL LABOR AND MnTCRIAL INCLUDF.S: FOO"T1NG I3LOCK CONCRG"fl: AND RGBAR 1N [3LOCK WALL TRASFI IiAULING EXISTING F�NCl: RLMOVED GRGY SPLI'I'1'ACL' RED SPLI"1'{�ACE f-IUB CER'1'# 1752355275400 � 135,000.00 ADD $27,600.UU ADD $36,800.00 WE MAIN I'AIN WORKERS COMPI:NSA"fION ANI� GL•:NI:RAL LInBILI I'Y INSURANCI: AND A CI:R"I'IPICATE IS /1VAILAl3Lf: UPON RI:QUI:S'1'. WE APPRf:CInTG TI-IE OPPOR'I'IJNIT'Y Or SU13M1"I"I'1NG "fHIS PRUPOSAL ANU SHOUT.D YOU HAVE ANY QUI:S�f10NS CONCL:RNING TIiE AI30Vl:, DO NOT FICSI'1'A"I'I;'I'O CALL. SINCIiRI;i.v, TOTAL - $199,400 �� S � KL'VIN SISSON OMFORT MASTERS TACLAOOSC97C M•187T7 PROPOSAL SUBMITTED TO David (West Side Plaza) ADDRESS 5001 Marsha Sharp Freewa Lubbock, Texas 79907 ARCHITECT None We hereby submit speciflcallons and estimates for: Proposal Comfort Masters Plumbing'Heating*Air Conditioning 1101 East 58th Lubbock, Texas 79404 (806)749-1000 ph. (806)749-1002 fax PLANS 990-595-1969 E•MAIL ADDRESS david@bigdprop.com JOB NAME 1807 Parkway Drive JOB LOCATION 1807 Parkwav Drive **********REVISED********** Page 1 of 1 No. 001264 Date 7/31 /2023 OTHER PHONE FAX NUMBER DT - Lubbock Texas 90,000.00 Proposal is Good for 30 Days From Quoted Date Due to Volatility of Material Cost. Additionally, Submittals must be returned within 30 days of submission. If not, additional price increases may occur. Mechanical Only, No plans or specs. Sales Tax Included Al1 work to be done in a normal work week: Mon. - Fri. 8-5. Add for Payment and Performance Bond $2,700.00 Deduct for Using 14 seer FC Carrier Units: $11,000.00 Included: Installation of Five(5) Carrier Brand Rooftop Units. Four Units to be 6—Ton, (Gas Heat) Units, and One Unit to be a 5—Ton(Gas Heat) Unit. This price includes Curbs, Units, Duct Drops, Labor, Crane Services, Permits, Taxes and all other Applicable E'ees. Excluding the following items: Any and Al1 Plumbing, Commissioning of Mechanical Equipment, Temporary Heating, Cooling, Low Temp Refrigeration, Ventilating and Sanitary Facilities, Saw Cutting and Concrete Removal, Trash Container and Hauling, Lead Flashing(to be done by roofers), Roofing, Roof Cutting, Painting, Patching, Concrete, Bond, and Fire Protection. Metal or Wood Blocking to Raise the Height of Curbs, Electrical Wiring (Power & Control). (11,000:00) We PI"OpOSe hereby to fumish materfal and labor complete in accordance with the above specifications, for the sum of: SEVENTY—NINE THOUSAND DOLLARS dollars ($ 79, 000 . 00 Payment to be made as follows: Progress Payments Terms and Condlllona: Repulated by Texas Stale Board of Plumbinp Examiners P.O. Box 4200 Auslln, Tx 78785-42001-800-84b-8564 Texas Oeparlmenl of Licensinp end Repulallon P.O. Box 12157 AusUn, Tx 78711 1-800.803-9202 ! 512-4838599 Mealer Plumber Glenn Davis Acceptance of Proposal - rne ebo�e prices, specifications and conditions are satis(actory a�d are hereby accepted. You are aulhorized to do lhe work as specified. Payment will be made as outllned ebove. Date of Acceplance: �/ �/��- j Authorized ��,�;�'— Signature �� J.C. Burt Note:This proposai may be withdrawn by us if not accepled within 30 days. Signeture: � � Signature: Proposal � � ' Comfort Masters PLG & HVAC .�- � 1318 E. 50th Street ` "� � Lubbock, Texas 79404 (806)749-1000 RPM- Glenn Davis M-18772, TACL-003497C Dixie Pahne►s 2lP May 23, 2023 940-595-1969 David�bi d ro .com Parkwa Center At 1805 Parkwa Orive Lubbock,Texas We hereby submit specifications and esUmates, subject to all terms and condiUons as set foAh on both s�des, as lollows This is an estimate to install new sewer services fo� the six (6) suites at 1805 Parkway Drive in Lubbock� Texas. The cost to replace the sewer services from the building to one (1) foot past the property line for each space will be $27,200.00. The city is responsible for the lateral lines in the alley to the city sewer main. Thank you, Brian Thompson - Plumbing Manager. Texas State Board of Plumbing Examine�s P.O. Box 4200 - Austin, Texas 78765-4200 -1(800)845-6584 Regulated by The Texas Department of Licensing and Regulation P.O Box 12157 - Austin, Texas 78711 -1(800)803-9202 -(512)463-6599 We propose hereby to fumish matenal and labor • Authorized complete m axordance with Ihe above S�gnature ,� specifications tor the sum of: �2712� �"" Note: This proposal ma be withdrawn b us if not accepted within: 30 days. Accepted:The above pnces, specirica�ions s�na��e and oonditions are satisiaclory and are hereby accepted. You are authorized to do the work as specdied. Payment wi11 be made as outlined above. Date: May 23, 2023 � , SK Architecture Group, LLC Lori Martin • (806) 300-8151 PO Box 64565, Lubbock, Texas, 79464 • License Number: 25582 A�fTECTURE OR` Proposal Es,000a Proposal for 1805 Parkway - As-builts Items Date Created: Oct 31, 2022 1. As-Buflt Drewings Total: $12,200.00 �:' �V As-Built Drawings to include interior and exterior existing conditions of 25,530 SF retail building (dimensioned plans and elevations with locations of walls, windows, doors, ceilings, visible structural elements, plumbing locations, roof condi[ions with mechanical unit locations, and ulilily meter locations�. StatuS: PENDING Quantity. 1 Unit: Flat Fee COSt: $12,200.00 2. As-Built Eledrical Survey and Analysis � Survey, as-builts, and recommendations for existing electrical system StatuS: PENDING QUantity: 1 Unit: Hours Cost: $7,800.00 Subtotal Tax Total Amount Paid Balance Payments Bill To David Spada david@bigdprop.com No address provided Total: $1,800.00 $14,000.00 $0.00 $14,000.00 $o.00 $14,000.00 $2,100.00 Deposit Due: Nov 7, 2022 Terms and Conditions Defin itio ns Design Consuftants Fee: the amount(s) sel forth in the Agreement as being payable by the Client to the Design Consultant for the Agreed Services. Agreed Services: the services to be provided by lhe Design Consultant to lhe Client as disclosed in Part 1 of this Agreement. Agreement: the agreement between the Client and the Design Consultant consisting of Parts 1, 2 and 3 of this document and all attachments listed. Brief: the statements, plans, drawings blueprints, charts and other materials and documents assembled by the Client in a Project requirement document, brief or a request for proposal document or any other similar document to summarize the Client's expressed requirements, to address the Client's preferences and priorities, and to summarize the impact of context, environment, and prevailing legislation, at the time of signing the Agreement. Client: the Person named as the Client in this Agreement. ProJect: the project identified in this Agreement. Working Day: any calendar day other than a Saturday, Sunday or a public holiday within the jurisdiction where the Project is located. Works: any permanent or temporary structure, building, fixture or access constructed or required to be constructed on the Site based on the Design Consultant's documents as part of the Project. A. Obligallons A1 The Design Consultant shall perform the Agreed Senices set out in this Agreement exercising a reasonable level of skill, care and diligence ordinarily provided by Design Consultants working in the same or similar locality under the same or similar circumstances. A.2 The Design Consultant undertakes to advise the Client of any matter that may affect the performance of the Agreed Services including circumstances or instructions that may require a variation of the service and a change to the Design ConsultanYs Fee. A.3 The Client agrees to directly appoint all other consullants required by the Project that are not part of this Agreement, including the sub-consultants presented to the Client by the Design Consultant in Part 1 of this Agreement. The Client will ensure that all other consultants/sub-consultanls/ contractors/subcontracts mainlain professional liability insurance as appropriate for the services provided. A.4 The Client agrees to provide the Design Consuttant with a Briei and shall advise the Design Consuitant of the relative priorities of the Brief, construction cost and Project schedule by way of ineetings and written directions or communications as necessary to ensure complete understanding of such Project priorities by the Design Consultant. A.5 The Client will ensure that there is no change made at any time to the Design Consultant's Agreed Services, the Brief, construction cost or the Project Schedule without the prior written consent of the Design Consultant. A.6 The Client shall hold each sub-consullant/contraclor/sub-contractor however appointed, and not the Design Consultant, responsible for the proper performance oi their work. B. Fees B1 The Clienl musl pay the Design Consultant in accordance with Part 1 of this Agreement all fees due plus applicable sales, property, use and other taxes and other mandatory government charges and duties related to the performance of the Agreed Services (other than the Design Consukants income taxes) and lhe Design Consultants expenses. Payment of the Design Consukant's account must be made within seven (7) Working Days of the date of the invoice. All fees that remain unpaid thereafter will incur interest charges at a rate of 10% per annum or the highest rate of interest permitted under the applicable law, whichever is lower. 6.2 Where this Agreement has been entered into by an Agent (or a person purporting to be an Agent) on behalf of the Client, the Agent and the Client shall be jointly and severally liable for the payment of all fees due to the Design Consultant under this Agreement. 6.3 The Client cannot deduct, withhold or reduce any sum payable to the Design Consultant under this Agreement by reason of claims or alleged claims against the Design Consultant. 6.4 The Client must promptly notify the Design Consufta�t in writing of any dispute regarding fees, and give the Design Consultant sufficient details to be able to respond. The dispute resolution procedure in section F shall apply to any such disputes on fees. 6.5 Where, for any reason, the Design Consultant provides only part of the Agreed Services as set out in Part 1 of the Agreement, the Design Consultant shall be entitled to payment in full for all services completed together with a fair and equitable proportion of the outstanding fee, to reflect lhe portion of partial services completed. C.Insurance C.1 The Design Consultant shall take out and use reasonable endeavors to maintain professional indemnity insurence in the sum of not less than $250,OOO,subject to the various lerms, exclusions and limilations of the policy such as; an exclusion for toxic material, leaky buildings, weathertightness claims. C.2 The Design Consultant will use all reasonable ef(orts to maintain insurance for a period of 3 yearsfrom completion of the Design Consultant's work under this Agreement. C.3 The Clfent must provide to the Design Consultant evidence of the separate consultants', sub-consultants, contractors and sub- contrectors professional indemnity insurance. O. Liabtlity D1 If the Design Consultant is liable lo the Client (whether in contract, tort or othervvise), the Design Consultant will only be liable for any reasonable foreseeable and fully mitigaled damage, loss or expense incurred by the Client, caused directly by a material breach of the Design Consultant's legal obligations pursuant to this Agreement. The Design Consukant shall not be liable to the Client under this Agreement tor the Client's indirect, consequential, punitive or special loss o( profit, howsoever arising whether in contrect, tort or olherwise, nor for ordinary negligence. D.2 The extent of the Design ConsultanYs liability (whether in contract tort or otherwise) is reduced proportionately to the extent Ihat the Clienl and/or any other person, including any third party, has contributed to the claim, liability, damage, loss or expense and irrespective of whether such contribution arises in contract, tort or otherwise. D.3 Neither the Design Consultant nor the Client shall be liable to the other for any loss or damage unless a claim (whether in contract, tort or otherwise) has been filed in court, in arbitretion proceedings or in any tribunal which has jurisdiction to determine a claim, within three years of the date of the act or omission giving rise to the claim or within the limitation period set by the applicable limitation of action statute to which the claim relates, whichever is the earlier, provided always that nothing in this clause shall be construed to exclude any compulsory limitation of action provisions which cannot by law be excluded or reslricted in any conlracts made belween the parties. D.4 In the circumstances where the Agreed Services (as described in this Agreement) are reduced, limited or varied by later agreement or the Agreement is ended prior to the completion of the Agreed Services, the Design Consultant's liability will attach only to those services actually perfo�med and then only lo the extent that the reduction of that part of the Agreed Services has not compromised or nof denied the Design Consultant the opportunity to correct the performed services or to otherwise mitigate the Client's loss. D.5 The Design Consultant is not liable for any damage, loss or expense incurred by the Client as a consequence of any change that the Client or any other person makes to the Design Consultant's documents, or from any variation to the Works from the Design ConsultanYs documents, made without prior wrilten approval by the Design Consultant, or any changes lo the approvals, consents or authorizations received in connection with the construction or occupancy of the Works or the Project not made known to the Design Consultant in writing. D.6 The Design Consultant shall not be liable to any person other than the Client, and disclaims responsibility, in tort or otherwise, for any liability, damage, loss or expenses suffered or incurred by such person. In the event that the Project to which the Design ConsultanYs services relate is leased, transferred, sold, or otherwise disposed of in part or whole to other persons, then the Client warrants that such persons shall be advised in writing that the Design Consultant accepts no legal responsibility to them. In the event of breach of this clause, the Client shall fully indemnify the Design Consultant against any claim by such persons, whether such claim is in tort or otherwise. D.7 The maximum aggregate amount payable by the Design Consultant under this Agreement, whether in contract, tort or otherwise, in relation to claims, liabilities, damages, losses or expenses is limited to $250,OOOor five limes the Design Consultant's total fee for ihe Agreed Services, whichever Is the lesser. D.8 The Client shall indemnify, defend and hold the Design Consultant harmless againsl the adverse effects oi all claims including claims by third parties which anse out of or have a connection with the Agreement and are made after the expiry of the period of liability referred to In clause D.3. For avoidance of doubt, the indemnity includes claims in negligence made against the Design Consultant. D.9 The Client acknowledges that the Design Consultant operates through employees, directors, officers, agents and sub-consultants and agrees that no reliance has or will be placed on them personally by the Client in connection with this Agreement on the performances ot the Agreed Services. D:10 The limitations of liability as described above will apply to the maximum extent permitted by law and wdl confer to any extent relevant a benefit on the employees, directors, officers, agents or sub-consultants of the Design Consultant. D:N Except as expressly stated in this agreement, the Design Consultant makes no warranties, express or implied, statutory or othenvise to the Client whatsoever, including but not limited to implied warranties of inerchantability or Ftness for a partkular purpose E. Copyright and License E.1 The Design Consultanl retains copyrighl in all designs, drawings, blueprints, models, plans, speufications, design delails, photographs, and any other materials produced or provided by the Design Consultant or it's sub-consultants in �onnection wrth the Pro�ect ("the Materials"�. E.2 The Design Consultant grants, subjeU to payment of all outstanding fees due to the Design Consultants under this Agreement, to ihe Client a non-exclusive, limited license to use and reproduce the Materials for all purposes relatmg to the Proje�t. E.3 The Design Consultant shall have no liability for any use of the Materials other than that for wh�ch the same were orginally prepared and provided and then only to the extent provided in the Agreement. E.4 If the Design Consultant rightfully terminates the Agreement for causes as specified in sectlon H, lhe license granted under section F will be revoked. E.5 If the Client wishes to use any parts of the Materials for any further stage or extension of the Project, any major alteretions to the completed works or for any other project, and Ihe Design Consultant is not appointed to provide related services, the Client must obtain the Design Consultant's prior written consent which may include conditions relating to each re-use including but not limited to the payment of a reasonable license fee. E.6 At the completion of the Agreed Services or in the event of the early ending of this Agreement, the Client will be entitled to retain one copy of the Materials in printed or passive electronic form such as PDF. The Design Consultant will not be required to provide any of the Materials in CAD or any other active electronic form. F. Dispute Resolution FJ Any disputes between the Client and the Design Consultant in relation to this Agreement must first be attempted to be setlled in good failh. Failing resolution the Client or the Design Consultant may by notice require that the matter in dispute be refened to mediation. F.2 If inediation has not occurred or settlement is not achieved within 30 Working Days o( the wrilten notice requiring mediation the Client and the Design Consultant may agree to refer the dispute to arbitration in accordance with clause F.3. In the event of a dispute the Design Consultant may by notice in writing to the Client suspend its obligations under this Agreement. In thal event the Design Consultant will not be liable to the Client or any other person for losses arising from such suspension of work. F.3 Any dispute or claim that cannot be resolved by mediation arising out of or related to this Agreement as provided in clause F.2, its performance, breach, or interpretation (including issues about its validity or enforceability�, will thereafter be exclusively (except as provided below) resolved by binding arbitration be(ore the American Arbitretion Association ("AAA") before a single mutually-agreeable neutral arbitrator. The arbitrator will not award attorney's fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. All costs of arbitration shall be borne by the losing party. The losing paRy shall be the party designated as such by the arbitretoc In the event both PaRies prevail on certain issues and lose on others the arbitration costs shall be apportioned between the Parties in any manner the arbitrator orders. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this clause V.7, or seek injunctive or other equitable relief as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in [STATE] (COUNTY]. Both Parties hereby give their irrevocable consent to the processes of the AAA in [STATE] as well as the jurisdiction of the courts of [STATE] for enforcemenl purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the U.S. Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection. G. Notice of Defects and Timelines G1 If, during the term of this Agreement or after completion of it, the Client becomes aware of any problem with the design, fault or defect in the Project, or non- compliance with the Project's contract documents, the Client must promptly, but not later than 30 Working Days after becoming aware of it, notdy the Design Consultant about it in writing. If the Client does nol do this the Client will be treated as having waived any claim the Client may have against the Design Consullant (in contract, tort or otherwise) in relalion to the problem, fault or non- compliance. G.2 Unless otherwise expressly agreed by the Design Consultant in writing, all timelines, schedules, milestones or dates provlded by the Design Consultant or specified in the Brief or any of [he Design Consullant's documents which relate to the performance of the Agreed Services by the Design Consultant are estimates only and the Design Consultant shall not be in any way liable for any loss or damage arising from, or incurred in respect of, a delay in the performance of any part of the Agreed Services if peAormance is prevented by any reason, including because of the negligence or (ault of the Design Consultant, its employees, directors, officers, agents and sub• consultants. H. Terminatton and Suspension H1 The Client or the Design Consultant may end this Agreement by writing to the other at their last known address. This Agreemenl will end 20 Working Days after the date the written notice is sent. H.2 Without limiting any other rights [he Design Consultant may have in this Agreement or in law or equity, the Design Consultant may suspend the peRormance of any part of the Agreed Services by way of a notice in wriling to the Client if the Client fails lo make full payment of all amounls due and payable by the Clienl under this Agreement wilhin the due date(s) for the duralion until such paymenl is made. I. General 11 The law applicable to this Agreement shall be the law of the state or province of the Design Consultant's address stated in the Agreement without regard to its conflicts of law principles 1.2 The Design Consullant shall be entitled to rely upon the accurecy and completeness of the information furnished by the Client. 1.3 Neither party shall assign or transfer this Agreement without the prior written consent of the other party. 1.4 The Agreement contains the entire agreement between the Parties and supersedes all previous verbal and written agreements. 1.5 Unless otherwise provided in the Agreement, no modification or waiver of any of the provisions, or any future represenlation, promise or addition shall be binding upon the Parties unless made in writing and signed by both Ihe Parties. Signature SK Architecture Group, LLC Company Signature Client Signature � , SK Architecture Group, LLC Lori Martin • (806) 300-8151 PO Box 64565, Lubbock, Texas, 79464 • License Number: 25582 A�RECTURE OR` Proposal Es,00sz Proposal for 1807 Parkway Exterior Improvements Items Bill To David Spada davidC�bigdprop.com No address prowded 1. Architectural Plan Set Includes permd and construction set of drawings for exterior improvements of 1807 Parkway retail building Quantity: 1 Unit: Flat Fee Cost: $9,600.00 Room: Date Sent: May 22, 2023 Total: $9,600.00 2. Structural Engineering Total: $4,000.00 Structural engineering for a new facade and front canopy features expected to be fremed out of steel studs with new openings in existing walls as required. Quantity: 7 Unit: Consuftant Fee Cost: $4,000.00 Room: 3. Mechanical, Electrical, and Plumbing Engineering Total: $2,800.00 Eleclrical engineering for any new lighting and electrical required Quantity: 1 Unit: ConsuRant Fee Cost: $2.800.00 Room: Subtotal Tax Total Amount Paid Balance Payments $16,400.00 $0.00 $76,400.00 $o.00 $16,400.00 $1,640.00 Deposit Due. May 22, 2023 Terms and Conditions Definitions Design Consuftanis Fee: the amount(s) set forth in the Agreement as being payable by the Client to the Design Consultant for the Agreed Services. Agreed Services: the services to be provided by the Design Consultant to lhe Client as disclosed in Part 1 of this Agreement. Agreement: the agreement between the Client and the Design Consultant consisting ot Parts 1, 2 and 3 of this document and all attachments listed. Brief: the statements, plans, drawings blueprints, charts and other materials and documents assembled by the Client in a Project requirement document, brief or a request for proposal document or any other similar document lo summarize lhe Client's expressed requirements, to address the Client's preferences and priorities, and to summarize the impact of context, environment, and prevailing legislation, at the time of signing the Agreement. Client: the Person named as lhe Client in this Agreement. Project: Ihe project identified in this Agreement. Working Day: any calendar day other than a Saturday, Sunday or a public holiday within the jurisdiction where the Project is located. Works: any permanent or temporery structure, building, fixture or access constructed or required to be constructed on the Site based on the Design Consultant's documents as part of the Project. A. Oblfgallons A1 The Design Consultant shall perform the Agreed Services set out in this Agreement exercising a reasonable level of skill, care and diligence ordinarily provided by Design Consultants working in the same or similar locality under the same or similar circumstances. A.2 The Design Consultant undertakes to advise the Client of any matter that may affect the performance of the Agreed Services including circumstances or instructions that may require a variation of the service and a change to the Design Consultant's Fee. A.3 The Client agrees to directly appoint all other consultants required by the Projecl that are not part of Ihis Agreement, including the sub-consultants presented to the Client by the Design Consultant in Part 1 of this Agreement. The Client will ensure that all other consultants/sub-consultants/ contrectors/subcontracts maintain pro(essional liability insurence as appropriate for lhe services provided. A.4 The Client agrees to provide the Design Consullant with a Brief and shall advise the Design Consultant of the relative priorities of the Brief, construction cost and Project schedule by way of ineetings and written directions or communicalions as necessary to ensure complete understanding of such Project priorities by the Design Consultant. A.5 The Client will ensure that lhere is no change made at any time to the Design Consultant's Agreed Services, the Brief, construction cost or the Project Schedule without the prior written consent of the Design Consultant. A.6 The Client shall hold each sub-consultanUcontractor/sub-contractor however appointed, and not lhe Design Consultant, responsible for the proper performance of their work. B. Fees 8.7 The Client musl pay the Design Consullant in accordance with Part 1 of this Agreemen[ all fees due plus applicable sales, property, use and other taxes and other mandatory government charges and duties related to the peRormance of the Agreed Services (other than the Design Consultants income taxes) and the Design Consultants expenses. Payment of the Design ConsukanYs accou�t must be made within seven (7) Working Days of the date of the invoice. All fees that remain unpaid thereafter will incur interest charges at a rete of 10% per annum or the highest rate of interest permitted under the applicable law, whichever is lower. 6.2 Where this Agreement has been entered into by an Agent (or a person purporting to be an Agent) on behalf of the Client, the Agent and the Client shall be jointly and severelly liable for the payment of all fees due to the Design Consultant under this Agreement. B.3 The Client cannot dedud, withhold or reduce any sum payable to the Design Consultant under this Agreement by reason of claims or alleged claims against the Design Consultant. B.4 The Client must promptly notify the Design Consultant in writing of any dispute regarding fees, and give the Design Consultant sufficient delails to be able to respond. The dispute resolution procedure in section F snall apply to any such disputes on fees. 8.5 Where, for any reason, the Design Consultant provides only part of [he Agreed Services as set out in Part 1 of the Agreement, the Design Consultant shall be entitled to payment in full for all services completed together with a fair and equitable proportion of the outstanding fee, to reflect the portion of partial services completed. C.Insurance C7 The Design Consultant shall take out and use reasonable endeavors to maintain professional indemnity insurance in Ihe sum of not less than $250,OOO,subject to the various lerms, exclusions and limitations of the policy such as; an exclusion for loxic material, leaky buildings, weathertightness claims. C.2 The Design Consultant will use all reasonable efforts to maintain insurance for a period of 3 yearsfrom completion of the Design Consultant's work under this Agreemenl. C.3 The Client must provide to the Design Consultant evidence of the separate consulfanls', sub-consultants, contractors and sub- contractors professional indemnity insurance. D. Liability D:I If the Design Consultant is liable to the Client (whether in contract, tort or otherwise�, the Design Consultant will only be liable for any reasonable foreseeable and fully mitigated damage, loss or expense incurred by the Client, caused directly by a material breach of Ihe Design Consuftant's legal obligations pursuant to this Agreement. The Design ConsuRant shall not be liable to the Client under this Agreement for the Client's indirect, consequential, punitive or special loss o( profit, howsoever arising whether in contract, lort or otherwise, nor for ordinary negligence. D.2 The extent of the Design ConsultanYs liability (whether in contract tort or otherwise) is reduced proportionately to the extent that the Client and/or any other person, including any third party, has contributed to the claim, liability, damage, loss or expense and irrespective of whether such contribution arises in contrect, tort or otherwise. D.3 Neither the Design Consultant nor the Client shall be liable to Ihe other for any loss or damage unless a claim (whether in contract, tort or othervvise) has been filed in court, in arbitration proceedings or in any tribunal which has jurisdiction to determine a claim, within three years oi the date of the act or omission giving rise to the claim or within the limitation period set by the applicable limitation of action stalute to which the claim relates, whichever is the earlier, provided always that nothing in lhis clause shall be construed to exclude any compulsory limitation of action provisions which cannot by law be excluded or restricted in any contracts made belween the parties. D.4 In the circumstances where the Agreed Services (as described in this Agreement) are reduced, limited or varied by later agreement or the Agreement is ended prior lo the completion of the Agreed Services, the Design ConsultanYs liability will attach only to those services actually performed and then only to the extent that the reduction of that part of lhe Agreed Services has not compromised or not denied the Design Consultant the opportunity to correct Ihe performed services or to otherwise mitigate the Client's loss. D.5 The Design Consultant is not liable for any damage, loss or expense incurred by the Client as a consequence of any change that the Client or any other person makes to the Design Consuftant's documents, or from any variation to the Works from the Design Consultant's documents, made without prior written approval by the Design Consultant, or any changes to the approvals, consents or authorizations received in connection with the construction or occupancy of the Works or the Project not made known to the Design Consullant in writing. D.6 The Design Consultanl shall not be liable to any person other than the Client, and disclaims responsibility, in tort or otherwise, for any liability, damage, loss or expenses suffered or incurred by such person. In the event lhat the Project to which the Design Consultant's services relale is leased, transferred, sold, or otherwise disposed of in part or whole lo other persons, then the Client warrants that such persons shall be advised in writing that the Design Consultant accepts no legal responsibility to them. In the event of breach of this clause, the Client shall fully indemnify the Design Consultant against any claim by such persons, whether such claim is in tort or otherwise. D.7 The maximum aggregale amount payable by the Design Consultant under this Agreement, whether in contract, tort or otherwise, in relation to claims, liabililies, damages, losses or expenses is limited to $250,OOOor five times the Design Consultant's total fee for the Agreed Services, whichever is the lesser. D.8 The Client shall indemnify, defend and hold the Design Consultant harmless against the adverse effects of all claims including claims by third parties which arise out of or have a connection with the Agreement and are made after the expiry of the period of liability referred to in clause D.3. For avoidance of doubt, the indemnity includes claims in negligence made against the Design Consultant. D.9 The Client acknowledges that the Design Consultant operates through employees, directors, officers, agents and sub-consultants and agrees that no reliance has or will be placed on them personally by the Client in connection with this Agreement on the performances of the Agreed Services. D70 The limitations of liability as described above will apply to the maximum extent permitted by law and will confer to any extent relevant a benefit on the employees, directors, officers, agents or sub-consultants of the Design Consultant. D71 Except as expressly stated in this agreemen[, lhe Design Consultant makes no warranties, express or implied, statutory or othenvise to the Client whatsoever, including but not limited to implied warranties of inerchantability or fitness for a particular purpose. E. Copy�ight and License EJ The Design Consultant retains copyrighl in all designs, drawings, blueprints, models, plans, specifications, design details, photographs, and any other materials produced or provided by the Design Consultant or it's sub-consultants in connection with the Project ("the Materials"). E.2 The Design Consultant granls, subject to payment of all outstanding fees due to the Design Consultants under this Agreemenl, to the Client a non-exclusive, limited license to use and reproduce the Materials for all purposes relating to the Project. E.3 The Design Consultant shall have no liability for any use of the Materials other than that for which the same were originally prepared and provided and then only to the extent provided in the Agreement. E.4 if the Design Consultant rightfully terminates lhe Agreement for causes as specified in section H, the license granted under section E will be revoked. E.5 N the Client wishes to use any parts of the Materials for any further stage or extension of the Project, any major alterations to the completed works or for any other project, and the Design Consultant is not appointed to provide related services, the Client must obtain the Design Consultant's prior written consent which may include conditions relating to each re-use including but not limited to the payment of a reasonable license fee. E.6 At the completion of the Agreed Services or in the event of the early ending of this Agreement, the Client will be entitled to retain one copy of the Materials in printed or passive electronic form such as PDF. The Design Consultant will not be required to provide any of the Materials in CAD or any other active electronic form. F. Dispute Resolution F.7 Any disputes between the Client and Ihe Design Consultant in relation to this Agreement must firsl be attempted to be settled in good faith. Failing resolution the Client or the Design Consultant may by notice require ihat the matter in dispute be referred to mediation. F.2 If inediation has not occurred or settlement is not achieved wilhin 30 Working Days of lhe written notice requiring mediation the Client and the Design Consultant may agree to refer the dispute to arbitration in accordance with clause F.3. In the event of a dispute the Design Consultant may by notice in writing to the Client suspend its obligations under this Agreement. In that event the Design Consultant will not be liable lo the Client or any olher person for losses arising from such suspension of work. F.3 Any dispute or claim that cannot be resolved by mediation arising out of or related to this Agreement as provided in clause F.2, i[s performance, breach, or interpretation (ncluding issues about its validity or enforceability), will thereafter be exclusively (except as provided below) resolved by binding arbitration before the American Arbitralion Association ("AAA") before a single mutually-agreeable neulral arbitrator. The arbilrator will not award attorney's fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. All costs of arbitration shall be borne by the losing party. The losing party shall be the party designated as such by the arbitretor. In the event both Parties prevail on certain issues and lose on others the arbitration costs shall be apportioned between the Parties in any manner the arbitrator orders Either Party may seek judicial relief to compel the other Party to comply with the provisions of this clause V7, or seek injunctive or other equitable relief as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitretion will be held in [STATE] [COUNTY]. Both Parties hereby give their irrevocable consent lo the processes of the AAA in (STATE] as well as the jurisdiction of the courts oi [STATE] for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the U.S. Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgmenl and of the issuance of executlon for its collection. G. Notice of Defects and Timelines G1 If, during the term of this Agreement or after completion of it, lhe Client becomes aware of any problem with the design, fault or defect in the Project, or non- compliance with the ProjecYs contract documents, the Client must promptly, but not later than 30 Working Days after becoming aware of it, notdy the Design Consullant about it in writing. If the Client does not do this the Client will be treated as having waived any clalm the Client may have against lhe Design Consultant (n contract, tort or otherwise) in relation to the problem, fault or non- compliance. G.2 Unless otherwise expressly agreed by the Design Consultant in writing, all limelines, schedules, milestones or dates provided by the Design Consultant or specified in the Brief or any of the Design Consultant's documenls which relate to the performance of the Agreed Services by the Design Consultant are estimates only and the Design Consultant shall not be in any way liable for any loss or damage arising from, or incurred in respect of, a delay in the performance of any part of the Agreed Services if performance is prevented by any reason, including because of the negligence or fault of the Design Consultant, its employees, duectors, officers, agents and sub- consultants. H. Tertnination and Suspenslon H.7 The Client or the Design Consultant may end this Agreement by writing to the other at their last known address. This Agreement will end 20 Working Days after the date the written notice is sent. H.2 Without limiting any other rights the Design Consultant may have in this Agreement or in law or equity, the Design Consultant may suspend the performance of any part of the Agreed Services by way of a notice in writing to the Client if the Client fails to make /ull payment of all amounts due and payable by the Client under lhis Agreemenl within the due date(s) for the duralion until such payment is made. 1. Generel IJ The law applicable to this Ag�eement shall be the law of the slate or province of the Design Consultant's address stated in the Agreement without regard to its conflicts of law principles 1.2 The Design Consultant shall be entitled to rely upon the accuracy and completeness of the information (urnished by the Client. 1.3 Neither party shall assign or transfer this Agreement without the prior written consent of the other party. 1.4 The Agreement contains the entire agreement between the Parties and supersedes all previous verbal and written agreements. 1.5 Unless othenvise provided in the Agreement, no modification or waiver of any of the provisions, or any future representation, promise or addition shall be binding upon the Parties unless made in writing and signed by both the Parties. Signature SK Architecture Group, LLC Company Signature Client Signature � ' SK Architecture Group, LLC . Lori Martin • (806) 300-8151 PO Box 64565, Lubbock, Texas, 79464 License Number: 25582 A�RECTURE OR, Proposal ES-10052 Proposal for 1807 Parkway Exterior Improvements Items Bill To David Spada davidC�bigdprop.com No address prowded Date Sent: Mey 22, 2023 1. Architedural Plan Set I and II Total: $15,800.00 • Permil and construction set of drawings for exterior improvements to shell building � • Permit and construction set of drawings related lo Exhibit C- Landlord's Work - Construction Cnteria for Dollar Tree Shell - Items I thru VII. Package to be issued and permitted separately from overall shell building exterior improvements if required by owner. Quantity; 1 Unit: Flat Fee Cost: $15,800.00 2. Strudural Engineering Total: $4,500.00 � Structural engineering for a new facade and front canopy features expected to be framed out of steel studs with new openings in existing walls as required. Ouantity: 1 Unit: Consuftant Fee Cost: $4,500,00 3. Mechanical, Electrical, and Plumbing Engineering Total: $11,800.00 � • Electrical engineering for any new lighting and electrical required for overall shell improvements. • MEP permit and construction documents for the work described under "landlord's Box" in Exhibit C Quantity: 1 Unit: Consultant Fee Cost: $11,800.00 4. Civil Engineering Total: $12,000.00 � Includes topographic survey and site civil design (site plan revlew, site dimension control plan, site demolition plan, site grading and paving plan and details, striping and signage plan, and construction specifications for sile improvements). Quantity: 1 Unit: Consuftant Fee Cost: $12,000.00 Subtotal Tax Total Amount Paid Balance $44,100.00 $0.00 $44,100.00 $o.00 $44,100.00 Payments $4,410.00 Deposit Due: Jun 27, 2023 Terms and Conditions Defln itfo ns Design Consultants Fee: the amount(s) set forth in the Agreement as being payable by the Client to the Design Consultant for the Agreed Services. Agreed Services: lhe services to be provided by lhe Design Consultanl to the Client as disclosed in Part 1 of this Agreement. Agreement: the agreement between the Client and the Design Consultant consisting of Parts 1, 2 and 3 of this document and all attachments lisled Brief: the statements, plans, drawings blueprints, charts and other materials and documents assembled by the Client in a Project requirement document, brief or a request for proposal document or any other similar document to summarize the Client's expressed requirements, to address the Client's preferences and priorities, and to summarize the impact of context, environment, and prevailing legislation, at the time of signing the Agreement. Client: the Person named as the Client in this Agreement. Project: the project identified in this Agreement. Working Day: any calendar day other than a Saturday, Sunday or a public holiday within the jurisdiction where the Pro�ect is located. Works: any permanent or temporery structure, building, fixture or access constructed or required to be constructed on the Site based on the Design ConsultanYs documents as part of the Project. A. Obligations A1 The Design Consultant shall per(orm the Agreed Services set out in this Agreement exercising a reasonable level of skill, care and diligence ordinarily provided by Design Consultants working in the same or similar locality under the same or similar circumstances. A.2 The Design Consultant undertakes to advise the Client of any matter that may affect the performance of the Agreed Services including circumstances or instructions that may require a variation of the service and a change to the Design Consultant's Fee. A.3 The Client agrees to directly appoint all other consultants required by the Project that are not part of this Agreement, including the sub-consultants presented to the Client by the Design Consultant in Part 1 of this Agreement. The Client wdl ensure that all other consultants/sub-consultants/ contractors/subcontracts maintain professional liability insurence as appropriale for the services provided. A.4 The Client agrees to provide the Design Consultant with a Brief and shall advise the Design Consultant of the relative priorities of the Brief, construction cost and Project schedule by way of ineetings and written directions or communications as necessary to ensure complete understanding of such Project priorilies by the Design Consullanl. A.5 The Client will ensure that there is no change made at any time to the Design ConsultanYs Agreed Services, the Brief, constructron cost or the Project Schedule withoul the prior written consent of the Design Consultant. A.6 The Client shall hold each sub-consullanVcontractor/sub-contractor however appointed, and not the Design Consultant, responsible for the proper perfo�mance of their work. B. Fees B1 The Client must pay the Design Consullant in accordance with Part 1 of this Agreement all fees due plus applicable sales, property, use and other taxes and other mandatory government charges and duties related to the performance of the Agreed Services (other than the Design Consultants income taxes) and the Design Consultants expenses. Payment of the Design Consultant's account must be made within seven (7) Working Days of the date of the invoice. All fees that remain unpaid thereafter will incur interest charges at a rate of 10'k, per annum or the highest rate of interest permitted under the applicable law, whichever is lower. B.2 Where this Agreement has been entered into by an Agent (or a person purporting to be an Agent) on behalf of the Client, the Agent and the Client shall be jointly and severally liable for the payment of all fees due to the Design Consultant under this Agreement. B.3 The Client cannot deduct, withhold or reduce any sum payable to the Design Consultant under this Agreement by reason of claims or alleged claims against the Design Consultant. B.4 The Client must promptly notify the Design Consultant in writing of any dispute regarding (ees, and give the Design Consultant sufficient details to be able to respond. The dispute resolution procedure in section F shall apply to any such dlsputes on fees. B.5 Where, for any reason, the Design Consultant provides only part of the Agreed Services as set out in Part 1 of the Agreement, the Design Consultant shall be entitled to payment in full for all services completed together with a fair and equitable proportion of the outstanding fee, to reflect the portion of partial services completed. C.Insurance C:I The Design Consultant shall take out and use reasonable endeavors to maintain professional indemnity insurance in the sum of not less than $250.00O,subject lo lhe various terms, exclusions and limitations of the policy such as; an exclusion for toxic material, leaky buildings, weathertightness claims. C.2 The Design Consultant will use all reasonable efforts to maintain insurance for a period of 3 yearsfrom completion of the Design Consultant's work under this Agreement. C.3 The Client must provide to the Design Consultant evidence of the separete consultants', sub-consultants, contractors and sub- contractors professional indemnity insurance. D. Liability D1 If the Design Consultant is liable to the Client (whether in contract, tort or otherwise), the Design Consultant will only be liable for any reasonable foreseeable and fully mitigated damage, loss or expense incurred by the Client, caused directly by a material breach of the Design Consukant's legal obligations pursuant to this Agreement. The Design ConsuRant shall not be liable to the Client under this Agreement foi the Client's indirect, consequential, punitive or special loss of profit, howsoever arising whether in contracl, tort or otherwise, nor for ordinary negligence. D.2 The extent of the Design ConsultanYs liability (whether in contract tort or otherwise) is reduced proportionately to the extent that the Client and/or any other person, including any third party, has contributed to the claim, liability, damage, loss or expense and irrespective of whether such contribution arises in contract, tort or otherwise. D.3 Neither the Design Consultant nor the Client shall be liable to [he other for any loss or damage unless a claim (whether in contract, tort or otherwise) has been filed in court, in arbitretion proceedings or in any tribunal which has jurisdiction to determine a claim, within three years of the date of the act or omission giving rise to the claim or within the limitation period set by the applicable limitation oi action statute to which the claim relates, whichever is the earlier, provided always that nothing in this clause shall be construed to exclude any compulsory limitation o( action provisions which cannot by law be excluded or restricted in any contracts made between the parties. D.4 In the circumstances where the Agreed Services (as described in this Agreement) are reduced, limited or varied by later agreement or the Agreement is ended prior to the completion of the Agreed Services, the Design ConsultanYs liability will attach only to those services adually performed and then only to the extent thal the reduction of that part of the Agreed Services has not compromised or not denied the Design Consultant the opportunity to correct the performed services or to otherwise mitigate lhe Client's loss. D.5 The Design Consultant is not liable for any damage, loss or expense incurred by the Client as a consequence of any change that the Client or any other person makes to the Design Consuftant's documents, or from any variation to the Works from the Design ConsultanYs documents, made without prior written approval by the Design Consultant, or any changes to the approvals, consents or authorizations received in connection with the construction or occupancy of the Works or the Project not made known to the Design Consultant in writing. D.6 The Design Consultant shall not be liable lo any person other than the Client, and disclaims responsibility, in tort or othenvise, for any liability, damage, loss or expenses suf(ered or incurred by such person. In the event that the Project to which the Design ConsultanYs services relate is leased, transferred, sold, or otherwise disposed of in part or whole to other persons, then the Client warrants that such persons shall be advised in writing that the Design Consultant accepts no legal responsibility to them. In the event of breach of this clause, the Client shall fully indemnify the Design Consultant against any claim by such persons, whether such claim is in tort or othenvise. D.7 The maximum aggregate amount payable by the Design Consultant under this Agreement, whether in contract, tort or otherwise, in relation to claims, liabilities, damages, losses or expenses is limited to $250,OOOor five times the Design Consultant's total fee for the Agreed Services, whichever is the lesser. D.8 The Client shall indemnify, defend and hold the Design Consultant harmless against the adverse effects of all claims including claims by third parties which arise out of or have a connection with the Agreement and are made after the expiry of the period ot liability referred to in clause D.3. For avoidance of doubt, the indemnity includes claims in negligence made against the Design Consultant. D.9 The Client acknowledges that the Design Consullant operates through employees, directors, officers, agents and sub-consultants and agrees that no reliance has or will be placed on them personally by the Client in connection with this Agreement on the performances o( the Agreed Services. D10 The limitations of liability as described above will apply to the maximum extent permitted by law and will confer to any extent relevant a benefit on the employees, directors, officers, agents or sub-consultants of the Design Consultant. D11 Except as expressly stated in this agreement, the Design Consultant makes no warrenties, express or implied, statutory or olherwise to the Client whatsoever, including but not limited to implied warranties of inerchantabilily or fitness for a particular purpose. E. Copyright and License E1 The Design Consultant retains copyright in all designs, drawings, blueprints, models, plans, speci(ications, design details, photographs, and any other materials produced or provided by the Design Consultant or iYs sub-consultants in connection with the Project ("the Materials"). E.2 The Design Consultant grents, subject to payment o( all outstanding fees due to the Design Consultants under this Agreement, to the Client a non-exclusive, limited license to use and reproduce the Materials (or all purposes relating to the Project. E.3 The Design Consultant shall have no liability for any use of the Materials other than that for which the same were originally prepared and provided and then only to the extent provided in the Agreement. E.4 If the Design Consullant rightfully terminates the Agreement for causes as specified in section H, the license granted under section E will be revoked. E.5 If the Client wishes to use any parts of the Materials for any further stage or extension of the Project, any major alterations to the completed works or for any other project, and the Design Consul[ant is not appointed to provide related services, the Client must obtain the Design Consultant's prior written consent which may include conditions relating to each re-use including but not limited to the payment of a reasonable license fee. E.6 At the completion of the Agreed Services or in the event of the early ending of this Agreement, the Client will be entitled to retain one copy of the Materials in printed or passive electronic form such as PDF. The Design Consultant will not be required to provide any of Ihe Materials in CAD or any other active electronic form. F. Dispute Resolution Ft Any disputes between the Client and the Design Consultant in relation to this Agreement must first be attempted to be settled in good failh. Failing resolution the Client or the Design Consultant may by notice require that the matter in dispute be referred to mediation. F.2 If inediation has not occurred or settlement is not achieved wilhin 30 Working Days of the written notice requiring mediation the Client and the Design Consultant may agree to refer the dispute to arbitration in accordance with clause F.3. In the event of a dispute the Design Consultant may by notice in writing to the Client suspend its obligations under this Agreement. In that event the Design Consultant will not be liable to the Client or any other person for losses arising (rom such suspension of work. F.3 Any dispute or claim that cannot be resolved by mediation arising out of or related to this Agreement as provided in clause F.2, its performance, breach, or interpretation (including issues about its validity or enforceabilily�, will thereafter be exclusively (except as provided below) resoived by binding arbitration before [he American Arbitretion Association ("AAA") before a single mutually-agreeable neutral arbitrator. The arbitretor will not award attorney's fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. All costs of arbitration shall be borne by the losing party. The losing party shall be the party designated as such by the arbitratoc In the event both Parties prevail on certain issues and lose on others the arbitration costs shall be apportioned between the Parties in any manner the arbitretor orders. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this clause V.7, or seek injunctive or other equitable relief as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submilted to arbitration. The arbitration will be held in (STATE] [COUNTY]. Both Parties hereby give their irrevocable consent to the processes of the AAA in [STATE) as well as the jurisdiction of the courts of [STATE] for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the U.S. Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdidion over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection. G. Notice of Defects and Tfinel(nes G1 If, during the term of this Agreement or after completion of it, the Client becomes aware of any problem with the design, fault or defect in the Project, or non- compliance with the Project's contract documents, the Client must promptly, but not later than 30 Working Days after becoming aware of it, notify the Design Consultant about it in writing. If the Clienl does nol do this the Client will be treated as having waived any claim the Client may have against the Design Consultant (in contract, tort or otherwise) in relation to lhe problem, fault or non- compliance. G.2 Unless othervvise expressly agreed by the Design Consultant in writing, all timelines, schedules, milestones or dates provided by the Design Consultant or specified in the Brief or any of the Design Consultant's documenls which relate lo the performance of the Agreed Services by the Design Consultant are estimates only and the Design Consultant shall not be in any way liable for any loss or damage arising from, or incurred in respect of, a delay in the performance of any part of the Agreed Services if performance is prevented by any reason, including because of the negligence or fault of the Design Consultant, its employees, directors, officers, agents and sub- consultants. H. Terminatton and Suspension H.1 The Client or the Design Consultant may end this Agreement by writing to the other at their last known address. This Agreement will end 20 Working Days after the date the written notice is sent. H.2 Without limiting any other rights the Design Consultant may have in this Agreement or in law or equity, the Design Consultant may suspend lhe performance of any part of the Agreed Services by way of a notice in writing to the Client if the Client fails to make full payment of all amounts due and payable by the Client under this Agreement within the due date(s) for the duration until such payment is made. I. Generel 1.7 The law applicable to this Agreement shall be the law of the state or province of the Design ConsuttanYs address stated in the Agreement without regard to its con(licts of law principles 1.2 The Design Consultant shall be entitled to rely upon the accurecy and completeness of the information furnished by the Client. 1.3 Neither party shall assign or transfer this Agreement without Ihe prior written consent of the other party. 1.4 The Agreement contains the entire agreement between the Parties and supersedes all previous verbal and written agreements. I.5 Unless otherwise provided in lhe Agreement, no modification or waiver of any of the provisions, or any future representation, promise or addition shall be binding upon the Parties unless made in writing and signed by both the Parties. Signature SK Architecture Group, LLC Company Signature Client Signature King �onsultants, Inc. 1205 East 46th Street Lubbock, TX 79404 Phone # 806-763-6157 Fax # 806-763-6i60 Bill To Dixie Partners II, LP David Speda PO Box 270874 Flower Mound, Texas 75027 Description Limited asbestos inspection and reports for the Parkway Center, 1807-1809,1811, 1811A, 1813, 1815, 1817, 1819, 8c 1821 Parkway Drive in Lubbock, Texas -11/02/22 & 1]/04/22 Bulk asbestos samples (per each) in 1807-1809 Parkway Drive Bulk asbestos samples (per each) in 1811 Parkway Drive Bulk asbestos samples (per each) in 1811A Parkway Drive Bulk asbestos samples (per each) in 1813 Parkway Drive Bulk asbestos samples (per each) in 1815 Parkway Drive Bulk asbestos samples (per each) in 1817 Parkway Drive Bulk asbestos samples (per each) in 1819 Parkway Drive Bullc asbestos samples (per each) in 1821 Parkway Drive Specification development for asbestos abatement at the Pazkway Center Invoice Date Invoice # i�n6noz2 A-00-106004 Sales Rep � Terms J Hassoldt Qry Due on receipt Rate 1 2,750.00 45 24 18 18 15 18 21 18 1 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 2,500.00 Project 22-10-419 Amount 2,750.00 900.00 480.00 360.00 360.00 300.00 360.00 420.00 360.00 2,500.00 Thank you for your business. I Total as,�9o.00 Balance Due $s,�9o.00 �� z�� Errvr.on►nenra! 1205 E. 46th Street Lubbock, Texas 79404 (806)763-6157 1-800-658-6018 Proposal Client Contact Address Phone # Site Name Site Address Dixie Partners II, L.P. David Spada P.O. Box 270874 Y Parkway Center 1811A-1821 Parkway Drive Date ; 05/02/2023 Title: City/State Flower Mound, Texas 75027 Email David@Bi�daro City/State � Lubbock, Texas 79403 Scope of Work I. PROJECT DESIGNISPECIFICATIONS • Utilize licensed/accredited individuals to design asbestos abatement specifications. . Prepare drawings of project areas for inclusion in specifications. • Conduct site reviews/inspection as necessary to design project and prepare specifications. • Prepare bid documents for the project. II. PROJECT ADMINISTRATIONICOMPLIANCE MONITORING • Act as Owner's full time project representative throughout the abatement project and coordinate project with all staff. • Conduct pre-construction conference with selected Contractor prior to beginning work. • Utilize licensed/accredited individuals to conduct full-time monitoring of the activities of the Contractor throughout the project. . Coordinate activities of Contractor, General Contractor, Construction Management Team, Air monitoring technicians, etc., required for the project. • Help ensure cvmpliance with all state and Federal laws regulating asbestos abatement projects. • Document project activities for Owner's records. • Review, verify, and approve Applications for payment from the Contractor prior to payment by Owner. • Evaluate all bids received from Abatement Contractors. • Review Abatement Contractor's pre and post job submittals. • Review required ten (10) day notification. ' III. AIR MONITORIPIG ACTIVITIES � • Utilize NIOSH-582 trained and licensed/accredited individuals to collect air samples. j • Complete detailed daily air sampling analytical sheet showing location, volume, and other � pertinent data for each air sample. � . Collection and archiving of PCM baseline samples for project documentation and contractor's reference prior to beginning project. (• Collection and analysis by a licensed/accredited laboratory of PCM area samples included with , full-time project administration. ENVIRONMENTAL SPECIALISTS BEDFORD ABILENE SAN ANGELO _, . , 1 — �EA 80 324 WEST 26TH STREET, STE. B 76022 79601 76901 817.354.9890 325.669.8487 325.944.0931 � � • Coilection of PCM final clearance samples as required by all regulatory agencies. • Review and/or interpretation of analysis results. • Collection and preparation of appropriate documentation for Owner's records. Break Down of Estimated Cost • Specifications for asbestos abatement by King Consultants • Project managing/air monitoring by King Consultants • Asbestos Abatement performed by Arlo Environmental (See bid attached) *All utilities required for abatement will be provided by the owner. Total Estimated Cost Previously Billed $ 29,000.00 � $128,073.00 i $157,073.00 Please note: There will be an additional fee for the notiflcation submitted to the TDSHS for the quantity of asbestos containing building material to be removed from the butiding. i The above services include $1,000,000 per claim/$1,000,000 aggregate Professional Liability Insurance (with —' pollution liability coverage) on a"claims made" basis, as well as $1,000,000 General Liabiliry Insurance for each project. We trust this estimate answers all the questions you might have regarding our activities on this project. If you should have any �uestions or require additional information, please contact me at 806-763-6157, Authorization Signature � �, � Jace Hassoldt Environmental Consultant King Consultants, Incorporated SDuth Pt.ai»s StwF.c�, LLC A'K�4 SPS EI.P.CtriC po Bwc9 u.cbbacle,, rx �4as CONTRACT Sah-�44 �a55Phot�e $Ab �44 �Si �AX ja��mspseleatrta.v�et TECt.�i$542 This is an agreenient mads on 8/23I2023 between SPS Electric aud Dixie Partners II, LP, Dixie Partners II, LP is located at P� Box 27�874� �jower Mound, Texas 75027. 'Pheir representative far this work is David Spada. SPS �i.eetzxc will provide labor and materials to complete Electrical work as folEows on the facility at 1805 Paticway 17cive in Lubboek, Texa�. Phflse 1.) Dollar Te•ee Servfce and R�'Li's l.} It�st�all a new 600 amp se�vice as per the drawings received frotn Kyle Wilson, Areftiteetura! Project Manager from Da11ar Tree. This i�cludes: a.) lea d00 amp fused diseonaect b.) len 644 amp main [ug, 3 phase, 54 circuit panel c.) ] es 225 amp, 3 phase 54 circuit panei fed with a l2S a�np 6i�eaker. d.) Atl necessary metei7»g to be i�isEatled according to LF&L 2.} Install canduif, wire, boxes, discaiv�ect, fuses, and brcakr.rs far Sea A/C RTU's a.) Each RTU will be fed with a 6U amp 3 phase circuit witlt a disconnect on the roof, E�.) Eaeli Tt'I'U wilt l�ave a GFCI conveaience outlet installed below the discantiect as per NEG reQuirements. Tot�l Item Phase i: 58,71Z.IH; Plug T�x phase 1& 2-$223,020 Phase 2.) Parlcing �,ot Ligttfing 1.) I�istalt al1 conduit and wire for up ta 22e� liglit potes and re-feed pawer ta the existii�g iuonu�nein sig�z. a.) Dig trencl�es at 24" deep b.) Lay I'l," PVC conduit in the trench c.) Stub the PVC up in each polc base and at the bui[ding lighting cortirol panel d,) Instatl twp sepaxa#� circutts far ttic lightiitg, l ea for the Wes�t side and 1 ea far the East side. Both circuits aro to be singfe phase 2�$ valt cincuits ar� 3Q �arg 2 pole breakers fed from the dedicated Hoiise psnet and li�hting controls. e.� Compact al[ trenchcs by taroping, ar by flow fil! depending on our needs 2.) Excavate holes, inslall rebar, and paur concretv Poie bases � feet deep and standin$ 30" abova grade, 24" rot�nd, correplete with aticl�ar bolts for the poles. 3.) Instal) liglrting �.ciures onto tho li�ht �oles and run wire tlarougli ibe poles to the fixtures. (Poles and Li�Etts Uy od�ers.) 4.) Stand the legi�t poles anta the light bases, level, sec�u�e, and te�minate aIJ wiring. (reqt�ires a crane) 5.) Connact the existing monument sign to o�as �f the Iighting ciroui�s 6.) At� trenching, backfll, ta�nping, atid canca�eta is included in this sectian af the bid. Asphalt patch and repair is NOT inciuded. Regutated by The Texas Dep�rtment of Licensing and RegulaEion, P. O. Box 12157, Austin, Teaas 787 E I, I-$00-803-9202� S1Z- A63-6599; tvabsitc: www.iicense.stat{}��.us/co laintg . Phase Z.} Honsc Punel, Liglyting cantrols, nnd Eguipment room. !.) tnstal! a House panet, iighting controls and ail assnciated conduit and wire. a.) Supply and Ii�sta€[ a declicated 200 amp meter b.} Supply and InshaEi a 20Q a�np fused disco�nect c.} Supply and insialt a 2a0 amp pane! in a lacet'so�i chosen by the buildi�ig owner. d.} Supply a�id instatf all necessary breakers for building actd pa�`IC[tlg Ii�}�t5. e.) Supply and instait a lighting contactor box complcte with contactors as neeciec! far building and parking (ot li�l�ting. f.) Supply and Instaq a Photo eye ond tirr�eclock to eontroi tlye lighting ea�rtaetor g.) Supply and Instnll tett convenience receptacte ot� a dedicated circuit for Security equipment. h.� Supply a��d inst�U lca tight s�vitch i.) Supply and instA112ea LED sltap lights Fvith proEeetive lenses Phase 2.j Bnilding Lights 1.) IY3st�aE1 conduit, boxes, wire, cabte and straps for al1 building lights a.) InstaEl up to [ Sea Wall pack lights dn the West, North, anci �.,ast side of ihe buiEdiiig. (Lights supplied by others) b.) Ynstall up to 40 ea S" round flat panel tights in the south soffit to illtituinate tlie walk�vay at the fi•ont doars af �11 units. 'fhese lights �viIl require cutting the�n into t1�e soffits. (Ligtlts providetl by �tl�ers} c.} Terminate all wires atihe Hoase tighting co��iral panel d.) '�'otal ite�t� �'hase 2 anty, $1G4,3{18.00 Plus tax N4T Ltciudeci: Asphalt patctt and repair Not uicluded. Lighting fixtures and Poles Not inciuded. Usikaawn charges from the utility company Not ii�cluded. Taxes Not included in the Ruoted price. Unktivwn cE�arges for registered btueprints ,if required by the city, are N�t included. Gsneral lighting circuits, pipa, wire, boxes, and switclaes for the individual uziits are Nol inetucled. Rewire and reitab for t6e �xlsting monume�tt sigi� Not inotuded. Due to ihe fact tt�at fiffieieni Power Tech and their represeniat�ves nre not on site, w8 will act in theie stead. Decisions and changes in lighting type or quantities will be directed to Efficient Power tech. Decisions a��d changes in elect�ical wiring or scope ��ill 6e directed to SPS Eleetric. 7'l�is project is of tt size ttiat would �enerally be engineered by a lic�nsed commercial engi�zeering firrn. Due ta thes fact, and that we do not have exact needs, loads, startup data, irn'U5I1 CaICU�&C1811S� Ai�o flash studies, or overcurrent determEnatia�is we will hnve to calcntate and deter�nu�e oacti suit� bas�d an its size and any inforn�ation given to us ahead vf time. 'This is in na way a guarantee tl�at ttte sysiei» we design will he af sufficient size at n later date, but it wili be code compliant. City of Lubbock pennits are inciEcded, WE PROPOSE HEEt�BY TO rUIZNISH MAT�RIAL AND LA13dR-COIvIPLETB IN ACCOTtDANCE WITff A�OVE SPECIFICATIONS, �QR �'HE SUIvf C?F: $223,020.04 t tRx (8.25%) Re�ulated by The Texas Uepa�lment af Licensing and Regulatiott, P. O. Box 12157, Austin, T'exas 7$7 J t, l-800.803-92(12, S 12- 4b3-6599; website: wtqw,]jce�er.statc.t:c.vs/comp�aints �cceptanc� oficontraet- The above prices, specificatians aud conditians ara satisfacto�y and hereby accepted. SPS Flect��ic wii! subtnii invoices far work dane in the cur��enf �no»th by the Sth day of the next montl�. Paycne��t witl be due by the 30�' of tha same inonth. If payinent is not made we reserva the right to stop al[ work until payment is made. Atl materials will be guaranteed for a period of one year after the date of substantial cvtnplerion, By signing below, you are aufhorizing SPS Electric ta do the work as speci�ied abovc and mAke payments as dvscribed above unti! the total amount is paid. 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