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Home My WebLink AboutResolution - 2023-R0518 - Permittable, Commercial Revitalization Grant, Dixie Partners II LP, 1805 Pkwy Dr - 10/24/2023Resolution No. 2023-R0518 Item No. 5.10 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 the 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 Revitalization Permittable Grant program or expenditure of the Corporation, in the amount set forth in Exhibit "A" attached hereto and incorporated herein by reference, to be provided to Dixie Partners II, LY, is hereby approved pursuant to Section 5 of the Amended and Restated Bylaws of the Corporation. Passed by the City Council on October 24, 2023 TRAY 1'AYN�AYOR ATTEST: Courtney Paz, City ct APPROVED AS TO CONTI+;NT: � Brianna Brown, Business Development Director APPROVED AS TO FORM: lli Leisure, Senior Assistant City Attorney ccdocs/RES. Market Lubbock CR Pennittable Grant - Dixic Pariners ] 0.2.23 Resolution No. 2023-R0518 RE 23-57 RESOLUTION APPROVING DIXIE PARTNERS II, LP AT 1805 PARKWAY DRIVE COD�IlI�RCIAL REVITALIZATION FA�ADE AND PERNIITTABLE 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 quorum 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 all such Economic Development Grant and Contracts by the Corporation, are described generaily as follows, to wit: Grant Dixie Partners II, LP a Commercial Revitalization Fagade 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 +.�_:. r � �-` ' � �.�,...��. ::` w:_.._w., _.. -,s.... �� :,F--�?-�carnw;_--=`,e_� �� - -• - �WX9�"�'�7�IA"�►�''. --.. -� r= °'fY�'',`y"�' �ir" »+-:, :+�[:_ � •/"° , . . . . " .. . �• a. � .i'• • , „ 1 . ` ' .:�''�9�:4.�l�1 • , �._ r �,-�; • j �� : . . �t: . . ' . -. . . . . . ...1� �1- • .. . f� • � . ✓� ��b�� .�.��_ _..�� - _ . �... ..�.a�.a..�-_: .. .��i�� .._w. �"_ �•�.'"' �aW._... ___ _ -.. ...._� �iR... .�... �. . .a.�.,. . 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 A 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 II, 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: ior4�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 Property LCAD R# 83192 GENERAL INFORMATION ABOUT THE COMP Company Name Dixie Partners II, LP Street Address P O Box 270874 City, State, Zip Flower Mound, TX. 75027 GENERAL INFORMATION ABOUT Name David S ada Title Pro ect Manac Phone Number 940-595-1969 Email David{c�biqdpr INFORMATION ABOUT THE PROJECT Dr. Lubbock. Texas 79403 Property Ownership: Own � Grant Type (May choose both if applicable): Permittable � Lease ❑ Owner Approved ❑ Fa�ade 0 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. 1 MLI 9.14.23 Final bids will be used to calcu/ate the project cost and grant amount. COMPANY BACKGROUND List any person or entity that has at least 5% ownership in the Applicant Company: Name Percent Name Percent James Michael Kevlin 100% 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 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 � answered "Yes" to either of the above two questions. please 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 applicanYs 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°/a 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 Fagade 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 fa�ade 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 farade Signature (not required for electronic submittals): David Spada Date: 5/2/23 per email 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 � kwooldridqeCc.�qmail.com DESCRIPTION Commercial Make Ready for Strip Center off 19th and MLK Jr Blvd Scope of Work Includes: Exterior 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: Fagade $50,000 / Permittable $151,675 Customer Signature: Date: Proposal DATE: September 12, 2022 $ $ $ AMOUNT 102,600.00 80,740.80 18,334.08 TOTAL � $ 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 I r �[��7� Pr�t�� :F . _ �' .�'� .. �;' , � .:�;: . 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Box SSO, Texas City, TX 77592 ♦ Ph (409j 539-2429 ♦ Fx (281) 724-9400 s �austin@liqu •pro.com �� Wolerproofing . Roo/ing . Coastr�dion Proposal Summary FROM John Austin, President Liqui-Pro Industries, inc. PO Box 550, Te�;as 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 silicoi�e restoration system and install VacuSeal TPO system. Tl�e most economical root system is the VacuSeal TPO system. PROJECT SUMMARY Pei• information obtain�d from the custoirer the existing roof consists of a tecttim deck, BUR mopped to the tectum, insulation board and a BUR tivith gravel. Due to the building having t�vo separate roof systems the VacuSeal system is a perfect fit for this appiication. Since we are removing the gravel before installation the new roof system will not add muci� weight if any at all the building structure. Also i►�cluded in tl�e pro- posal is the installation of (S) RTU support syste►ns mounted to the concrete deck beams. This also includes sealing the curbs after the RTU contractor finishes the in- stallation. We have provided an allowance in this proposal for the replacement of (3) separate ai-eas of roofing a�ld 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 550, 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 � W Area Measurement Report 1807 Parkway Drive, Lubbock, Texas, United States Total Roof Area: 29105 sqft T :=�� Waterprooling . Rooting . Consfrucfion P�oposal Dn7e: August 25, 2023 ArrN: Mr. Davrd Spada SCOPE OF WORK 1. Setup al! safety and perimerer warning as needed. 2. Acquire roofing permit from the city of Lubbock. 3. Vacuum alI loose grave! and debrrs off of roof. 4. In� `afl '/:" gypsum board loose Ipid. 5. Install VacuSeol Air Distribufion Strips per manufacturer's specifications. 6. !ns[all new 24-gouge TPO-coated edge metal around a1l perimeters. 7. Install 60 mil TPO membrane and all related roof flashings. 8. Heat-weld oll laps per manufacturer's specifications. 9. Attach TPO roof system perimeters per manufacturer's specifications. 10. Install VacuSea! Venis at designated locations provided by monufacturer. 11. Cui out ond replace (3J deteriorpted sections of roof. Tota( of (6J tectum boards included in proposal. 12. Instal! (5) new support siructures to receive new RTUs. 13. Seal roof sysiem to new RTU curbs after installation. 14. Remove all debris generoted from projecf. IS. Provide a(2J Year workmanship worronty from Liqui- Pro Industries, Inc. 16. Provide a(1SJ Vear warranty from the manufacturer. For the Sum Of: $248,389.00 plus sales tax If applicable Excl usions: Windsrorrn fees. Mechanical, electrical ana plumbing disconnects or re-connects if necessary. Roof or deck replpcement other than described in scope of work. PRaecT: Str�p Cenfer VacuSeal TPO Roof System A��Ress: 1807 Parkway Dr Lubbock, Texos PROJECT PICTURES Figure l Figure 2 $268,881 with Tax Oanri rtiuGmir�thai J moiuw� Li r.nt�r��l:hadu•_{hn� pnar tr� ihc anrtm:tur l•r,mmn� �.n�. �.,�� : �u+� i�nni� io� ��„Mm J„m�ye nr M,�Ic mwry cly�ns ahe_e.1h r yiJunE Gom mStC� dnmir: u� timyue vid nwld mle;unon I II]�G S(t!1 YtE INdrninnJ �he i<rmc nnJ wndnion. �,i ihr.u.mdyd uarrant} uweJ b• I �qorPro Indusm_i. Inc .�II mamnal.� :.re uarnmrni to I.i. .� ;Eq:if N all wod r.� be com�.lmcd �n a..o�kman hl.e mnnner x�o�.6,i_ u• .ian:l.uJ con•xrmeon prna�.c.. \�I wurkm�mFtip m c.r.ticd Iw ;i �tin�n1 ul �I1 yca� �mlc.� ��dm��.�x �iateJ m �hu �yo�Vq.11 1np nlmraiion m devinuun liam.paa:i:nUomoudnul sFeae �n.�i.n�_ c.uu a.at ..di 6e e«.u�.J anh upon +rmtn aCO��•ni s�d �.�dl bewme an e�tra ehmy: e�er m�J ntv�c ;! : m:mr :\,;re.�u...r- :vmin}�'+�i �1v�� s�ul. �.enlrm..n J:L�s bnouJ .w �.•rim. Q.nn [� earn t�r, tome.k, andoih:r.�«.u�i� m.i,r.m: > qui aor.cr:.uc r�ih :o�er.•d o� •�or;m m;_. i, au.... imuranc. 4CCEPTA\< F.1>F PNOI'(IN V, fhe �ho�e yrins..petificatioiu �nd condiuons arc sausfar�nr. nnd arc I�ere�. xarpted. 1 ou x�r authorized m dn thr w orA as sycafied. Pa� men� w dl bc JO'%� �u mobdua�ion and balancr due npon comylelion wJesf oullioed abo�e. �.P REPRESENTATIVE: ACCEPTED BY SIGNATURE: PRINTED NAME: SIGNATURE: Dare: lohn Austin Jr. G . �..! i S �� (/�7 L ` �" — �- h �- 2 v 23 Ematl �aushn(�liQui-pro.com • Cell: (409J 370-5178 • Fax f281) 724-9400 • Address� P 0 Box 550, Texas C�ty. 77592 • Web www.fiaui-oro com T❑P VIEW �CORNER BRACKET ON INSIDE CORNER TRIP�E 2X6 FRAME ❑UBLE 2X6 CENTER BRACE END VIEW ,�< ,,.. . � . ,• d � . . a' . a . . ' a . .. �a � d .a ,e. . a .. d .. .a ,va • a . '. �� ' , ' a . d. ' . . d . d ' • ' . � ' e' � � • 'a d, . . . . . � ,a • . e. ' .e ° d. � . � . - �. a ' a, • . • ° ' • 'n . , • < • •a. d. �' . . . � ' �6 . . .' a . : a . d' ° � a , • � ' � ° � � . a•. . , a' .�' • ' ' . • a • a. • a . ' • . a � ', e 4. , a,a d ' •d 9 •. •da , . . aa...a•. .. • d � , • e . . d . ' • • �.a:� . ' e .d a, e �--�----- LIQUI-PRQ RTU CURB SUPPORT INDUSTRIES scn�E NTS DETAIL a a : : .. , , • . e ee .,d . -0 .. • . • ,�d: n . .a. a a .., . SHEET 1 '""�.� i ..y�' ��'�:.�-- .V � LUBBOCK MASONRY, INC. 7720 - 19th Street u Telephone: 806.795.2954 � Lubbock, Texas 79407 Fax: 806.793.0135 OCTOf3GR 26, 2022 E31G D PROPf;R'I'IES � rr � � � RE: CINDER BLOCK FENCE @ 1805 PARKWAY RF,VISF.D BID PROPOSAL LABOR AND MATCRIAL INCLUDI�:S: FOOTING I3LOCK CONCRI:'('1; AND REBAR IN [�LOCK WALL TRASFI l#AUL[NG EXIS7'ING HL:NCE RI:MOVED GRCY SPLI'I'f�ACE RED SPLI'I'I'ACE HUB CER7'# 1752355275400 S 135,000.00 ADD $27,600.U0 ADD $36,800.00 W� MAIN I AIN WORKERS COMPI:NSA'CION AND G�NI�.RAL LIABILI�I'Y INSUItANCI: AND A Cf:R"l'IFICATE IS nVAII.Al3I,E UPON REQUF.S'1'. WE APPRI:CIATG TIIE OPPOR'I'UNI�'Y Or SU13M1I-l'ING "I'FIIS PROPOSAL AND SHOULD YOU HAVE ANY QUES�fIONS CONCI:RNING TIIE A[30V1:, DO NOT HESI'I'A'I'I; 'I'O CALL. SINCI:RI;t.v, TOTAL - $199,400 �� KGV1N SISSON OI�FORT MASTERS TAClA007�97C M•1877Y PROPOSAlSUBMRTEDTO David (West Side Plaza) ADDRESS 5001 Marsha Sharp Freewa CITY, STATE AND 21P CODE Lubbock, Texas 79407 ARCHITECT None We hereby submit speciflcatlons and esiimates tor: Proposal Comfo�t Masters Plumbing'Heating*Air Conditioning 1101 East 58th Lubbock, Texas 79404 (806)749-1000 ph. (806)749-1002 fax 990-595-1969 david@bigdprop.com JOB NAME 1807 Parkway Drive PU1NS 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 All 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: $11,000.00 Included: Installation of Five(5) Carrier Brand Rooftop Units. Four Units to be 6-Ton, (Gas Heat) Units, and One Unit to be a 5-Ton(Gas Heatj Unit. This price includes Curbs, Units, Duct Drops, Labor, Crane Services, Permits, Taxes and all other Applicable Fees. Excluding the following items: Any and All Plumbing, Commissioning of Mechanical Equipment, Temporary Heating, Cooling, Low Temp Refrigeration, Ventilating and Sanitary Facilities, Saw Cutting and Concrete Removal, Trash Container and Hauling, Lead Flashing(to be done by roofers), Roofing, Roof Cutting, Painting, Patching, Concrete, Bond, and Fire Protection. Metal or Wood Blocking to Raise the Height of Curbs, Electrical Wiring (Power & Control). (11,000.00) W@ PI'OpOS@ hereby to fumish material and labor complete in accordance with the above specifications, for the sum of: SEVENTY-NINE THOUSAND DOLLARS dollara ($ 79, 000 . 00 Payment to be made as follows: Progress Payments Terms and Condlliona: Regulaled by Texes State Board ol Plumbinp Facaminers P.O. Box 4200 Austln, Tx 78785-4200 7-800-846•8584 Texas Deperlmenl ot Licensing and Repulallon P.O. Box 12157 Austin, Tx 78711 1-800-803-9202 / 512-4836599 Masler Plumber Glenn Davis Accepfance of Proposal - rhe eno�e P��as, specifications and conditions are salisiactory and are hereby accepted. You are authorized to do lhe work as specffied. Payment will be made es outlfned above. Date of Acceptence: u� �/�� j E� Aulhorized /I G Z�[,y� Sfgnaiure �� J.C. Burt Note:This proposal may be wilhdrawn by us it nol accepted wilhin 3� days. Signeture: ' � z- Signature: , Proposal � .� Comfort Masters PLG & HVAC 1318 E. 50th Sireet '` � , Lubbock, Texas 79404 (806)749-1000 RPM- Glenn Davis M-18772, TACL-003497C Dixie Partners 2LP May 23, 2023 940-595•1969 David�bi d ro .com Parkwa Center At 1805 Parkwa Drive Lubbock,Texas We hereby submit speci(ications and estimates, subject to all terms and conditions as set IoAh on both s�des, as lollows: This is an estimate to install new sewer services for the six (6) suites at 1805 Parkway Drive in Lubbock, Texas. The cost to replace the sewer services f�om 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 Examiners P.O. Box 4200 - Austin, Texas 78765-4200 -1(800)845-6584 Regulated by The Texas Department of Licensing and Regulation P.0 Box 12157 - Austin, Texas 78711 -1(800)803-9202 -(512)463-6599 We propose hereby to fumish material and labor - Authorized complete m accordance with the above Signature. � specifications }or the sum of: r�� 2� � Note: This proposat ma be withdrawn b us il not accepted wilhin: 30 days, Accepted:The above pnces, specilications S�gnature and conditions are satistactory and are hereby accepted. You are authorized to do the work as specilied. Payment wdl 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�fTECTUR80R` Proposal Es,000a Proposal for 1805 Parkway - As-builts Items Date Created: Oct 31, 2022 1. As-Built Drawings Total: $12,200.00 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 structurel elements, plumbing locations, roof conditions with mechanical unit locations, and utility 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: $1,800.00 Subtotal Tax Total Amount Paid 8alance Payments eill ro David Spada david�bigdprop.com No address prowded Total: $1,800.00 $f4,000.00 $0.00 $14,000.00 $o.00 $14,000.00 $2,100.00 Deposit Due: Nov 7, 2022 Terms and Conditions Deftnkions Design ConsuRants Fee: the amount(s) set forth in the Agreement as being payable by the Client to the Design Consultant for the A9reed Services. Agreed Services: the services to be provided by lhe Design Consultant to lhe Client as disclosed in Part 1 0( this Agreement. Agreement: the agreement between the Client and the Design Consuttant 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. Workfng 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 struclure, 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. Obligations A7 The Design Consultant shall peRorm 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 oi 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-consultants/ conlractors/subcontrads maintain professional liability insurance as appropriate for the services provided. A.4 The Client agrees to provide the Design Consuftant 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 priorities by the Design Consultant. A.5 The Client will ensure that there is no change made at a�y 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-contraclor however appointed, and not lhe Design Consultant, responsible for lhe proper performance of Iheir work. B. Fees B.1 The Clienl must 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 relaled to the performance of the Agreed Services (other than the Design Consuftants income taxes) and the Design Consultants expenses. Payment of the Design Consultant's account must be made within seven (/) Working Days of the date of the invoice. All fees that remain unpaid thereafter will incur interesl charges at a rate of 10% per annum or the highest rate af 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. 8.3 The Client cannot dedud, wilhhold 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 Consullant 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. 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 Consuftant 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 C1 The Design Consultant shall take out and use reasonable endeavors to maintain professional indemnity insurance in the sum of not less than $250,OOO.subject to the various terms, 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 efforts to maintain insurence 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 separate consultants', sub-consultants, contrectors and sub- contractors professional indemnity insurance. D. Liability D1 If the Design Consultant is liable to the Client (whether in contract, tort or othervvise), 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 Consukant shall not be liable to lhe Client under this Agreement for the Client's indirect, consequential, punitive or special loss of profit, howsoever arising whether in contract, tort or otherwise, nor tor ordinary negligence. D.2 The extent of the Design Consultant's liability (whether in contract tort or otherwise) is reduced proportionately to the extent that the Client and/or any other person, including any third parly, 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 the other for any loss or damage unless a claim (whether in contract, tort or olherwise) has been filed in court, in arbitration proceedings or in any tribunal which has jurisdiction to delermine 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 lhe earlier, provided always that nothing in this clause shall be conslrued to exclude any compulsory limitation of action provisions which cannot by law be excluded or restricted in any contrects 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 actually performed and lhen only to the extent that the reduction of that part of the Agreed Services has not compromised or not denied the Design Consultant the opportunity lo correct the performed services or to otherwise mitigate the CIIenYs 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 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 Consultant in writing. D.6 The Design Consultant shall not be liable to any person other than the Clienl, and disclaims responsibility, in tort or othenvise, for any liability, damage, loss or expenses suffered or incurred by such person. In the event that the Project to which the Design Consullant's services relate is leased, transferred, sold, or otherwise disposed of in part or whole to other persons, then the Client warrents that such persons shall be advised in writing that the Design Consultant accepts no legal responsibili[y to them. In the event of breach of this clause, the Client shall fully indemnify the Design Consullant against any claim by such persons, whether such claim is in tort or olherwise. D.7 The maximum aggregate amount payable by the Design Consultant under this Agreement, whether in contract, tort or othenvise, in relation to claims, liabilities, damages, losses or expenses is limited to $250,OOOor five times the Design ConsultanYs 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 ef(ects 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 lhrough 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. D:10 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 warranties, express or implied, statutory or otherwise to lhe Client whatsoever, including but not limited lo implied warranties of inerchantability or fitness tor a particular purpose. E. Copyright and License E.7 The Design Consultant retains copyright in all designs, drewings, blueprints, models, plans, specifications, design delails, photographs, and any other materials produced or provided by the Design Consultant or it's sub-consultants in conneclion with the Project ("the Materfals"). E.2 The Design Consultant grents, subject to payment of 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 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 the Agreement fo� causes as speciTied in section H, the license grented under section E will be revoked. E.5 K 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 the Design Consultant is not appointed to provide related services, the Client must obtain the Design ConsultanYs 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 Al the completion of the Agreed Seivices or in the event of the early ending of this Agreement, the Client will be entitled to relain 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 Ft Any disputes between the Client and the Design Consultant in relation to this Agreement must first be attempted to be settled in good faith. 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 obligalions under this Agreement. In that 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 dispule or claim thal cannot be resolved by mediation arising out o( or related to this Agreement as provided in clause F2, its 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 Arbitrelion 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 party shall be the party designated as such by the arbitratoc In the event both PaAies prevail on ceRain issues and lose on others the arbitretion 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 oi the dispute or claim is submilted to arbitration. The arbitration will be held in [STATE] jCOUNTYj. 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 Arbitrahon 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 execution for its tolleclion. 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 il, notify 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 Consultant (in contract, tort or otherwise) in relation to the problem, fault or non- compliance. G.2 Unless othervvise expressly agreed by lhe Design Consultanl in writing, all timelines, schedules, milestones or dates provided by lhe Design Consultant or specified in lhe Brief or any of the Design Consultant's documenls which relate lo the peAormance 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 (rom, 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 [he negligence or fault of lhe Design Consullant, its employees, directors, officers, agents and sub- consultants. H. Termination and Suspension H1 The Client or the Design Consultant may end this Agreement by wriling 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 equi[y, the Design Consultant may suspend lhe periormance of any part of the Agreed Services by way of a notice in writing to the Client if the Clienl fails to make full payment of all amounls due and payable by the Clienl under this Agreement wilhin the due date(s) for the duration until such payment is made. I. General 1.7 The law applicable to this Agreement shall be the law of the state or province of the Desig� Consultant's address stated in the Agreement wilhout 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 furnished by the Client. 1.3 Neither party shall assign or transfer this Agreement without the prior wntten consent of the other party. 1.4 The Agreement contains the entire agreement between the Parties and supersedes all previous verbal and wrilten agreements. 1.5 Unless otherwise 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 byboth 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�ITECTURE OR` Proposal ES10052 Proposal for 1807 Parkway Exterior Improvements Items ei�� To David Spada davidC@bigdprop.com No address provided 1. Architedural Plan Set Includes permit and construction set of drewings for exlerlor Improvements of 1507 Parkway retail building Ouantity: 1 Unit: Flat Fee Cost: $9,600.00 Room: Date Sent: May 22, 2023 Total: $9,600.00 2. Strudurel Engineering Total: $4,000.00 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. Quantity: 1 Unit: ConsuRant Fee Cost: $4,000.00 Room: 3. Mechanical, Elec[rical, and Plumbing Engineering Total: $2,800.00 Electrical engineering for any new lighting and electrical �equired Quantity: 1 Unit: Consuftant Fee Cost: $2,800.00 Room: Subtotal Tax Total Amount Paid Balance Payments $16,400.00 $0.00 $16,400.00 $o.00 $16,400.00 $7,640.00 Deposit Due May 22, 2023 Terms and Conditions Deftnftions Design Consuftants Fee: the amount(s) set forth in the Agreement as being payable by the Client to the Design Consullant for the Agreed Services. Agreed Services: the services to be provided by the Design Consultant to the Client as disclosed in Part 1 of this Agreement. Agreement: the agreement between the Client and the Design Consuttant consisting of Parts 1, 2 and 3 of this document and all attachments listed. Brtef: the statements, plans, drawings bluepnnts, 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 pnorities, and to summanze the impact of context, environment, and prevailing legislation, at the time of signing the Agreement. Cifent: the Person named as the Client in this Agreement. Project: the project identi(ied in this Agreement. Working Day: any calendar day other than a Saturday, Sunday or a public holiday within the jurisdiction where the Projecl 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. Obligations A1 The Design Consultant shall perform the Agreed Services set out in lhis Agreement exercising a reasonable level of skill, care and diligence ordinarily provided by Design Consultants working in the same or similar locality under Ihe same or similar circums[ances. 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 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 will ensure that all other consultants/sub-consultants/ contractors/subcontracts maintain professional liability insurance as appropriate for the services provided. A.4 The Client agrees to provide the Design Consultant with a Brief and shall advise the Design Consuttant 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 ot such Project priorities by the Design Consultant. A.5 The Client will ensure that there is no change made at any time lo the Design ConsultanYs 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 B] The Client 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 Consuftants income taxes) and the Design Consultants expenses. Payment of the Design ConsuftanYs account must be made within seven (1) Working Days oi 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. 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. 8.3 The Client cannol deduct, wilhhold or reduce any sum payable to the Design Consultant under this Agreement by reason of claims or alleged claims against the Design Consultant. 8.4 The Client must promptly notify the Design Consuttant in writing of any dispute regarding fees, and give ihe Design Consultant sufficient details to be able to respond. The dispute resolution procedure in section F shall apply to any such disputes 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 C1 The Design Consultant shall take out and use reasonable endeavors to maintain professional indemnily insurance in the sum of not less than $250.00O,subject to the 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 insurence for a period of 3 yearsfrom completion of the Design Consultant's work under lhis Agreement. C.3 The Client must provide to the Design Consultant evidence of Ihe separate consultants', sub-consultants, contractors and sub- contraclors professional indemnity insurance. D. Liability D7 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 lhe Client, caused directly by a material breach of the Design Consukant's legal obligations pursuant to this Agreement. The Design Consultant shall not be liable to the Client under this Agreement for the Client's indirect, consequential, punitive or special loss of profit, howsoever arising whether in contrect, tort or olherwise, nor for ordinary negligence. D.2 The extent of the Design ConsultanYs liabi�ity (whether in contract tort or otherwise) is reduced proportionately to the extent [hat the Clienl and/or any other person, including any fhird party, has contributed lo 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 lhe other for any loss or damage unless a claim (whether in contract, tort or otherwise) has been filed in court, in arbilration proceedings or in any tribunal which has jurisdiction to determine a claim, within three years of lhe 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 [he claim relates, whichever is lhe earlier, provided always that nothing in this clause shall be construed to exclude any compulsory limilation of 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 Consultant's liability will attach only to those services actually 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 the Client's loss. D.5 The Design Consullant is not liable for any damage, loss or expense incu«ed by the Client as a consequence of any change that the Client or any other person makes to the Design ConsultanYs 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 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 othenvise, 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, trans(erred, sold, or otherwise disposed of in part or whole to other persons, then the Client warrents that such persons shall be advised in writing lhat 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, whelher 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, liabdities, damages, losses or expenses is limited to $250,OOOor five times the Design Consultant's tolal 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 paRies 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 oT doubt, the indemnity includes claims in negligence made against the Design Consultant. D.9 The Client acknowledges that the Design Consultant operetes 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. 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. D17 Except as expressly slated in this agreement, lhe Design Consultanl makes no warranties, express or implied, statutory or otherwise to the Client whatsoever, including but not limited to implied warranties of inerchantability or fitness for a particular purpose. E. Copyright and License E1 The Design Consultant retains copyright in all designs, drawings, blueprinls, models, plans, specifications, 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, subjecl lo payment of 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 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 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 Consultant is not appointed to provide related services, the Client must obtain the Design ConsuflanYs 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, lhe 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 Materia�s in CAD or any other active electronic form. F. Dispute Resolutfon F.1 Any disputes between the Client and the Design Consultant in relation to this Agreement must first be attempted to be settled in good faith. Failing resolution the Client or lhe Design Consultant may by notice require that the matter in dispute be referred to mediation. F.2 If inediation has not occurred or seltlement is not achieved within 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 lhe Design Consultant may by notice in writing lo the Client suspend its obligations under this Agreement. In that event the Design Consullant 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 [o this Agreement as provided in clause F.2, its performance, breach, or inlerpretation (including issues about its validity or enforceability), will thereaiter be exclusively (except as provided below) resolved by binding arbitration be(ore the American Arbitration Association ("AAA") before a single mutually-ag�eeable neulral 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 �ot seek such damages. All costs of arbitretion shall be borne by the losing party. The losing party shall be the party designated as such by the arbitretoc In the event both Parties prevail on certain issues and lose on others the arbitretion costs shall be apportioned between Ihe Parties in any manner the arbitralor orders. Either Party may seekjudicial relief to compel the other Party lo 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 arbitretion. The arbitretion will be held in [STATEJ [COUNTY]. Both Parties hereby give Iheir 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 jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution (or its collection. G. Notice of Defects and Timelfnes 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 aker becoming aware of il, nolify the Design Consultant about il in writing. If the Client does not do this the Client will be treated as having waived any claim the Client may have against lhe Design Consullant Qn contract, tort or olherwise) in relation lo the problem, fault or non- compliance. G.2 Unless olherwise expressly agreed by the Design Consultant in writing, all timelines, schedules, milestones or dales provided by the Design Consultant or specified in the Brie/ or any of the Design Consultant'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 respecl of, a delay in the performance of any part ot 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 the peRormance of any paA of the Agreed Services by way o( a notice in writing to lhe Client if the Client fails to make full payment of all amounts due and payable by the Clienl under this Agreement within the due date(s) for the duretion until such payment is made. I. General 1.7 The law applicable to this Agreement shall be the law of the state or province of the Design Consuilant'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 furnished by the Client. 1.3 Neither party shall assign or transfer this Agreement without the prior wntten consent of the other party. 1.4 The Agreement contams the entire agreement between the Parties and supersedes all previous verbal and written agreements. 1.5 Unless otherwise provfded 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 PaAies. 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 nnci,rcecruree oa` Proposal Es,00s2 Proposal for 1807 Parkway Exterior Improvements Items Bill To David Spada davidC�bigdprop.com No address provided Date Sent: May 22, 2023 1. Architedural Plan Set I and II Total: $15,800.00 • Permit and construction set of drawings for exterior �mprovements to shell building � • Permit and construction set of drawings related to Exhibit C- Landlord's Work - Construction Criteria for Dollar Tree Shell - Items I thru VII. Package to be issued and permitled separately from overall shell building exterior improvements if required by owner. Quantity: 1 Unft: Flat Fee Cost: $15,800.00 2. Strudurel 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 Quantity: 1 Unit: Consuftant Fee Cost: $4,500.00 3. Mechanical, Eledrical, and Plumbing Engineering Total: $17,800.00 � • Electrical engineering for any new lighting and electrical required for overall shell improvements • EufEP permit and construction documents for the work described under "Landlord's Box" in Exhibit C Ouantity: 1 Unit: Consuftant Fee Cost: $11,800.00 4. Civil Engineering Total: $12,000.00 � Includes topographic survey and site civil design (site plan review, site dimension control plan, site demolilion plan, site grading and paving plan and details, striping and signage plan, and construction specifications for site improvements). Ouantity: 1 Unit: ConsuRant Fee Cost: $12,000.00 Subtotal Tax Tota I Amount Paid Balance $44,100.00 $0.00 $44,700.00 $o.00 $44,100.00 Payments $4,410.00 Deposit Oue: Jun 27, 2023 Terms and Conditions DeflnRions Design ConsuRants 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 lhe Design Consultant lo lhe Client as disclosed in Part 7 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 Brtef: the statements, plans, drawings blueprints, charts and other materials and documents assembled by the Client in a Project requiremenl document, brief or a request for proposal document or any other similar document lo summarize lhe Client's expressed requirements, to address lhe Client's preferences and priorities, and to summarize the impact of context, environment, and prevailing legislation, at the time of signing the Agreement. Clfent: the Person named as the Client in this Agreement. Project: the project identified �n 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. Obligations A:I 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 Desig� Consullant 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 Agreemenl, including the sub-consultants presented to the Client by the Design Consultant in Part 1 of this Agreement. The Client will ensu�e that al� other consultants/sub-consultants/ contractors/subcontracts maintain professional liability insurance as appropriate for ihe services provided. A.4 The Client agrees to provide the Oesign Consultant with a Brief and shall advise the Design Consultant of the relalive priorities of the Brief, construction cost and Project schedule by way of ineetings and written directions or communications as necessary to ensure complete underslanding 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 Oesign Consultant's Agreed Services, lhe Brief, construction cost or the Project Schedule without the prior written consent of the Design Consultant. A.6 The Client shall hold each sub-consultanVcontrector/sub-contractor however appointed, and not the Design Consultant, responsible (or the proper performance of their work. B. Fees B.1 The Client must 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 peRormance of the Agreed Services (other than the Design ConsuRants income taxes) and the Design Consullants 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% per annum or the highest rete 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, 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. 6.4 The Client must promptly notify the Design Consultant in writing of any dispute regarding fees, and give the Design Consultant sufficient details to be able to respond. The dispute resolulion procedure in section F shall apply to any such disputes 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 C1 The Design Consultant shall take out and use reasonable endeavors to maintain professional indemnily insurance �n the sum of not less than $250,OOO,subject to the 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 separate consultants', sub-consultants, contrectors and sub- contractors professional indemnily 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 the Design Consuttant's legal obligations pursuant to this Agreement. The Design Consuttant shall not be liable to the Client under this Agreement for the Client's indirect, consequential, punitive or special loss of profit, howsoever arising whether in contract, tort or othervvise, nor for ordinary negligence. D.2 The extent of the Design Consultant's liability (whether in contract tort or otherwise) is reduced proportionately to the extent that the Client and/or any other person, including any third paAy, has contributed to the claim, liability, damage, loss or expense and irrespeclive 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 arbitration proceedings or in any tribunal which has jurisdiction lo determine a claim, within three years of the date of the act or omission giving �ise to the claim or within the limitation period set by the applicable limitation of action statute to which the claim relates, whichever is lhe 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 restricted in any contracis 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 lhe Agreed Services, the Design Consultant's liability will attach only to those services actually performed and ihen only to the extent lhal the reduction of that part o( lhe Agreed Services has not compromised or not denied the Design Consultant the opportunity to correct the performed services or to othervvise mitigate the ClienYs loss. D.5 The Design Consultant is not liable for any damage, loss or expense incu«ed by the Client as a consequence of any change that the Client or any other person makes to the Design ConsultanYs 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 Consultant in writing, D.6 The Design Consullant shall not be liable to any person other than the Client, and disclaims responsibility, in tort or othenvise, for any liability, damage, loss or expenses suffered or incurred by such person. In the event that the Project to which the Design Consultant's 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 lhe 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 Consultanl under this Agreement, whether in contrect, tort or othenvise, in relation to claims, liabililies, damages, losses or expenses is limited to $250,OOOor five limes lhe Design Consultanl'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 operales 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 periormances of the Agreed Services. D10 The limitations of liability as described above will apply to lhe 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 Oesign Consultant. D17 Except as expressly slated in this agreement, the Design Consultant makes no warranties, express or implied, statutory or olhervvise to the Client whatsoever, including but not limited to implied warranties of inerchantability or fitness for a particular purpose. E. Copyright and License E1 The Design Consultant retains copyright in all designs, drewings, blueprints, models, plans, specifications, design details, pho[ogrephs, 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 lo payment o( all outstanding fees due to the Design Consul[ants under this Agreement, 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 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 wo�ks 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 o� 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 F1 Any disputes between the Client and the Design Consultant in relation to this Agreement must first be attempted to be settled in good faith. Failing resolution the Client or the Design Consultant may by notice require that the matter in dispute be referred lo mediation. F.2 If inediation has not occurred or settlement is not achieved within 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 ils obligalions under this Agreement. In that event the Design Consullant will not be liable to lhe 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 (ncluding issues about its validity or enforceability), will thereafter be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration 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 arbitretion 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 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 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 judgment and of the issuance of execution for its collection. G. Notice of Defects and Timelines G:I It, during the term of this Agreement or after completion of it, the Client becomes aware of any problem with the design, faull or defecl in the Project, or non- compliance with the Project's contracl documents, lhe Client must promptly, but not later than 30 Working Days after becoming aware of it, notify the Design Consultanl about it in writing. If lhe Client does not do this the Clienl will be treated as having waived any claim the Client may have against the Design Consultant (in contract, tort or othenvise) in relation to the problem, fault or non- compliance. G.2 Unless otherwise expressly agreed by the Design Consultant in wri[ing, all timelines, schedules, milestones or dates provided by the Design Consultant or specified in the Briet or any of the Design Consullant's documents which relate to the peRormance 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 Consullant, its employees, directors, officers, agents and sub- consultants. H. Termination and Suspension H1 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 wrilten notice is sent. H.2 Without limiting any other rights the Design Consultant may have in this Agreement or in law or equity, lhe Design Consultant may suspend the performance of any part of the Agreed Services by way of a notice in writing to lhe Client if the Clienl fails to make full payment of all amounls due and payable by the Client under this Agreement within the due date(s) for the duretion until such payment is made. I. General 1.1 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 con(licts of law principles 1.2 The Design Consultant shall be enlitled to rely upon the accuracy 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. I.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 the Parties. Signature SK Architecture Group, LLC Company Signature Client Signature hing Consultants, Inc. 1205 East 46th Street Lubbock, TX 79404 Phone # 806-763-6157 Fax # 806-763-6160 Bill To Dixie Pariners II, LP David Spada 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, & 1821 Parkway Drive in Lubbock, Tcxas -11/02122 & 11/04/22 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 satnples (per each) in 1817 Parkway Drive Bulk asbestos samples (per each) in 1819 Parkway Drive Bulk asbestos samples (per each) in 1821 Parkway Drive Specification development for asbestos abatement at the Parkway Center Sales Rep J Hassoldt Qty 45 24 18 18 15 18 21 18 1 Invoice Date Invoice # iin6no�2 A-00-]06004 Terrns Due on receipt R2te 2,750.00 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 '17iank you for your basiness. I Total as,�9o.00 Balance Due $8,�9o.ao , �� z� �rrvlronmantaf >� • 1205 E. 46th Street Lubbock, Texas 79404 (806)763-6157 1-800-658-6018 Proposal Client Contact Add ress Dixie Partners II, L.P. David Spada P.O. Box 270874 Date � 05/02/2023 Title: City/State Flower Mound, Texas 75027 Phone # Site Name Site Address Parkway Center 1811A-1821 Parkway Drive Email City/State ; Lubbock, Texas 79403 Scope of Work 1. PROJECT DESIGNISPECIFICATIONS • Utilize licensed/accredited individuals to design asbestos abatement specifications. • Prepare drawings of project areas for inclusion in specifications. • Conduct site reviewslinspection 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 compliance 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. 1 III. AIR MONITORING ACTIVITIES • Utilize NIOSH-582 trained and licensed/accredited individuals to collect air samples. � • 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 contractoPs 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 , , "' -��3� 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 Previousiy Billed • Project managing/air monitoring by King Consultants I$ 29,000.00 ! • Asbestos Abatement performed by Arlo Environmental (See bid attached) I$128,073.00 ;*All utilities required for abatement will be provided by the owner. Total Estimated Cost $157,073.00 Please note: There will be an additional fee for the notification submitted to the TDSHS for the quantity of asbestos containing building material to be removed from the i building. I 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 $1,000,000 General Liabiliry Insurance for each project. We trust this estimate answers all the questions you might have regarding our activities on this project. If you should have any questions or require additional information, please contact me at 806-763-6157. Authorization Signature _ ._._.., _�` Jace Hassoldt Environmental Consultant King Consultants, Incorporated .sauth i�I,a,'.v►s stwtce, t..t..c so�-�44 �o�.spha+�,,� A$�F SPS EI,�CtYi,G $Ab �¢4 J�05i fAX po 8oxy ja��spseteatr£o.�,et LubboclQ,. TX �j4D8 T�Ct..�g�i$5�42 CONTRACT This is an agrcement made on 8/23/2023 between SpS Electrie �nd Dixie Partners IT, LP. Aixie Partners II, LP is located at P4 Box 270874, Flow�r Moun.d, Texas 75U27. 'Their representative for this work is David Spada. SPS �,tecbYc will provide labor and rnaterials to compleie Electrical work as follows an the facility at 1805 Parkway Drive in Lubbock, Texas. Phase 2.) Dollar Ti•ee Service and RTU's l.} Insta4l a new 500 artip se�vice as per the drawings received from Kyle Wilson, Arc[titectura! Project Manager from Dollar Tree, i1�is �ncludes: a.) l ea G00 amp fused disconnect b.) lea 604 amp main [ug, 3 pha�, 54 circuit panel c.) l ea 225 amp, 3 phAse 54 circuit panel fed with a l2S amp b��eakec. d,) Atl necessary metering to be instatled a�cording tv LP&L 2.) Instali candait, wire, boxes, discannect, fuses, ancf breakcrs far Seu AiC RTU's �.) Each RTU wil( be fed w�th a GO amp 3 phese cir��zit witlt a disconnect an the roof, b.) Eaeh RTU wil! l�ave a GFCI convenience ouElc�t instalted below the disconnect as perNEG requirements. Total Item Phase L: 58,712.08 Plus TaY phase 1& 2-$223,�2� Phase 2 ) Parlung �.at Lighfing l.) Ii►stalt al1 cvnduit and wire for up #a 22e� ligl�t pQtes and re-feed power to the existing monu�nent si�t. a.) Dig trenclties at 24" deep b.) Lay I Y," PVC conduit in the trench c.) Stub ifie PVC up in each pale base and at tl�e buiiding lighting control panel d.) instatl two separat� circuits for th� lighiing, lea for the West side and 1 ea far the East side. }3ath circuit� aro to be singfe phasc 2�$ volt circuits at� 3Q ainp 2 pole breakers fed from the dedicated House panet and li�hting controts. e.� Compact ult trenches by tamping, or by flow filt depending on our necds 2.) Excavate itoles, insla(l rebar, and paur concratv Pate irases 6 fest deep and standing 30" abovo grade, 24" ro�nd, comptete with anchae bolts for the poles. 3.) Instal) iigl�ting �xiui�es onto thv li�ht poles and run wire tlaroagli ibe poics to the fixtures. (Poles and Lights by atbers.) 4.) Stand the ligbt poles anta the light bases, lcvel, sectu�e, and te�minate all wiring. (req��ires a crane) 5.) Co�nect the existing monument sign to o��e of the lighting circui�s 6.} A�� trenching, backfill, tamping, attd conerete is ineiuded in this sect9an af tl�e bid. Asphalt patch aad repair is NOT included. Regutated by The Texas Department of Licensing aad RegulaEion, P. O. Box 12157, Austin, Texas 787 E 1, I-800-SD3-9ZQ2, 51 Z- 463-6599; tvabs;t�; www,iicensc.srotp� .us/com lu aints . Phase Z.} Housc Puncl, Ligljting contrais, nn�i �yuinment room. 1.} lnstalE a Hause panet, lighting controls and aEI associated canduit and wire. a.) Supply and Iiistati a dedicated 200 amp meter b.} Supply and Insiall a 20Q a��rp fused discv�nect c.} Supply and irtstatl s Z00 amp panel in a lacetio�i ahosen by th8 buildi�ig owner. d.} Supply and instai! all necessary breakers for building and parking lights. e.j Supply and install a liglrting contactor t�ox cam�Iete with contaetors as neecied for building and garking (ot lig(�tin�. f.) Supply and Install a Fhoio eye ond tirneclock to evutroi tlye li�hting cantaetor g.) Supply and Install tett conveniencc receptacle o�� a dedicated c'srcuit for Security equipmeeit. h.) Supply a��d insta)1 lca fight switch i.j Supply and inst�112ea LED sliop lights witl� proEecCive lenses Phase 2,) Building Lfghts 1.) IY�sYaEl eond�i� boxes, wire, cable and straps for all building lights a.) Install up to t Sea Wall pteck ligl�ts vn the Wes[, North, anci �.,ast side of the building. (Lights sup�lied by others) b.) rnstatl up to 40 ea 8" round fiat panel lights in the soath sv�t to illutuinate the walkway ai the fi•o��t daors af all units. These ti�hts �vill require cutting them iErto tlie saf�its. (Lights providetl by �tl�ers) c.) Terminate ell wires atihe House Iighting co�etrol panel d.) 7'otal Ttem �'hase � anly: $164,3t18.p0 Plus tax NOT Included: Asphalt patctt a�d repair Not uicluded. Ligf�ti�g fxtures and Poles Not included. Unknawn charges from ihe unliEy company Not included. Taxes Not inctuded in thc Rt�oted priCe. Unktiown clzarges for registered biu�prints ,if required by the city, ara Not included. General lighting circuits� pipe, wire, boxes, and switclies for the ir�dividual utiits are Not inefucled. Rewire and reitab i'or the existing it�tonamei�t sign Not inGluded. Due to the fact t[iat Efftcieni Fower Tecii aiid their represenfatives Are �iat an site, wo will act in their stead. Decisions and changes in lighting type or quaiitities will be direcfed to Efficieni Power tech. Decisions a�tid changes in olect�icai wirin� or scope will be directed to SPS Eleetric. 9'l�is project is af a size t(iat would �enerally be engirteered by a licvnsed commerciAl engi�zeering firm. Due ta this fact, and that we da not have exact needs, loads, startup ciata, inrush calculations, at•c flash studiss, or overcurrent determinatians we will have to ealcu[ate and deter�nu�e Qach suite based on its siz� $nd any inforniation given to us ahead af time. This is in no way a guarantee tl�at the system we design will be af sufficient size at a�ater date, but it wilt be code compli�nt. City of Lubbock pennits are inc[Ecded. WE PItOP�S� HEItEBY TO rU1ZNiSH MAT�RtAL AND LA13C?R-COMPLETE tN ACCOttDANG� WJTH AHOVfi SPECIFICATIONS, �QR 7'HE SUIv1 OI�: $223,02Q.00 + tRx (8.25%) Regulatcd by The Texas llepa�finent of Licensing and Regulation, A. O. Box 12157, Attstiu. T'exas 7$71 t, I-80U-803-92Q2, S 12- 4G3-6599; webs}te: w�qw.licpn�.statc.tx.vs/comntai�its Acceptat�ce �fcantract-'The above prices, specificatians and conditians are satisfacto�y end hereby accepted. SPS .Flect�•ic wi31 suvmit invoices for work done in thc currettf tnoittly by the Sth day of the next mot�th. PayEttent wilt be due by the 30�' of tha same month. If payment is not made we reserve tltie right to stop aft work i�ntii p�yment is made. Ail �nateri�ls wi11 be guaranteed for a period of one year after the dr�te af substa�ztial completion, By signing beiow, you are aufhorizing SAS Eiectric to dv the work as speci�ied above and make payments as desc�•ibed above until t(ic tatsl an3ount is pa'td. AUTMQR�ZED S[GNATUR NAM6: �� - /� � ` , � DATE Of' ACCEPTANC6 JAY FLEWHARTY —SPS Et,�CTRIC DATE � ,1 � r �''- a`�-�f ' �� -� � Z`f 2� 2.3 liegulafed by The Texas Departmeiu af Lice�ising and Re$ulation, P. �. k3ox 12157, Asistin, Texas 787! i, i-S00-803-9202, 512- 463-6599; website; �v t'c�nse.state.tx.us/comnlaints � �� • Y . � 4 ' .��.: ti? i _. . ,y . . . r W��.�,lr.).1`.�' ".C..��-� ✓.i�{ ' a R. ,�.::3f�r,;�Et�;� �; . . �.�' �! 1 A A � '� � � f � �- . .. ...... - .. ..�� - � � ��a � :�.�. �^ � i - � t-'. . - . - .:� -""a.� ' -�•" � �'r - �... . .. . __ -_ - - ' '._ ' .y.^.- . - . ... _ y ..�_�. . � . :•' w t . . . ... . _�� :•• v i � �_ _ " .. . r .-.�� t . s -�. � . . � - �"��!4 . _ _ . �� ' ..a� i � '�� "_ l ��a. �_ � M � � f. �1.,,;�s'�+�-- - ' ' 'a`��e� '. � � • .�:'-�� ' Yl�. .1 � j'� � � + 'WJ1► � � ' .... ' - �. � .. I �� - _ a � � w' '� rF�-+ �- � : _ , "'rf". _ . i .:�-a�hr,�•- . �� - -., . ----_ �.. .. _. . ' �y�;;. �_�,x;�� , . ` �� . 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