Parties to this Agreement
Hillshire Lakes POA
2225 Hollister Road
Houston, TX 77080
Jordan Marine Construction LLC
4950 Lazy Lane
Montgomery, Texas 77316
Managing Partner: Chris Kick
1810 Eagles Cove, Friendswood, TX 77586
Scope of Work
Remove and replace the existing bulkhead per new engineered drawings provided by the owner. There are 36 homes located in Hillshire Lakes that border the existing bulkhead. During this project, access and entry onto each homeowner's property which borders the bulkhead will be required. JMC will make every effort not to disturb each property owner; however, it is imperative that each property owner understand that JMC will be working on their property in order to replace the existing bulkhead.
Cut Back & Dispose of Existing Structures
Any structures that impede the removal and installation of the replacement bulkhead will be removed, including a portion of any homeowner's decks, walkways, and/or structures. This price does not include replacing or repairing the 36 homeowner's decks, walkways and/or structures that impede the replacement bulkhead. Each homeowner is responsible for replacing structures that impeded the replacement of the bulkhead.
Remove & Dispose of Existing Bulkhead
Full removal and disposal of the current bulkhead structure along all 36 properties.
Install New Bulkhead (Approx. ±1,332 LF)
Installation of new engineered bulkhead per owner-provided drawings, estimated at plus or minus 1,332 linear feet. Any linear footage in excess of 1,335 LF will be billed at an agreed rate per linear foot, set forth in a written addendum or change order before additional work is performed.
Supply & Install 550 Cubic Yards of Crushed Concrete
Supply and install 550 CY of 1½"–3" crushed concrete as specified in the engineered design.
Payment Schedule
The total contract amount is $1,100,000.00 covering all 36 properties at Hillshire Lakes. Payment #2 and Payment #3 each include 50% material delivery.
| # | Milestone | Amount |
|---|---|---|
| 1 | Deposit at Signing Freezes material pricing, secures material availability and scheduling. | $10,000.00 |
| 2 | Due on Mobilization / Start Date Includes 50% material delivery. | $374,013.53 |
| 3 | Due at 50% Completion of Wall Includes 50% material delivery. | $489,513.52 |
| 4 | Due upon Completion | $226,472.95 |
| Total Contract | $1,100,000.00 | |
Exclusions & Indemnification
Hillshire Lakes POA and individual residents agree to indemnify and hold harmless Jordan Marine Construction, its officers, subcontractors, and vendors for the following items:
Default
The occurrence of any of the following shall constitute a material default under this Contract:
- The failure of the Owner to make required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any party's property to levy, seizure, general assignment for the benefit of a creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided in this contract.
- Interference by any of the 36 homeowners with the bulkhead project, such as impeding access to the property or bulkhead or filing a Temporary Restraining Order.
In the event payment is not made as stated, Jordan Marine Construction LLC reserves the right to take legal collection actions as afforded by Texas Law, including filing a lien on the property where work is contracted.
Zero Workers' Compensation Claims
Jordan Marine Construction LLC has never had a workers' compensation claim and has never had lost time due to a workers' compensation claim. We are committed to the safety of every worker on every project.
Terms & Conditions
If performance of this contract or any obligation under this contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitations, Acts of God, Fire, Explosion, Vandalism, Storm or other similar occurrence, Orders or Acts of Military or Civil Authority, National Emergencies, Insurrections, Riots, Wars, Strikes, Lock Outs, Work Stoppages or other Labor Disputes, or Supplier Failures. The excused party shall use reasonable efforts to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
The parties will attempt to resolve any disputes out of or relating to this Agreement through friendly negotiations. If the matter is not resolved by negotiation, the parties will resolve the dispute by Alternative Dispute Resolution or Mediation by a Third Party. If either of these methods do not resolve the issue, the final method of resolution shall be Binding Arbitration. The Arbitrator's award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether written or oral concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract may be amended or modified in writing by mutual agreement between the parties if the writing is signed by the party obligated under the amendment.
This Contract shall be construed in accordance with the laws of the State of Texas.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as either party may have furnished to the other in writing.
The failure of either party to enforce any provision of this Contract shall be construed as a waiver of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both at the trial court and on appeal.
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
Jordan Marine Construction LLC has never had a workers' compensation claim and has never had lost time due to a workers' compensation claim. JMC maintains a strong safety record and is committed to the health and safety of all workers on every project.
Execution & Signature
By signing below, you acknowledge that you have read and agree to all terms and conditions of the Hillshire Lakes Bulkhead Contract for Services with Jordan Marine Construction LLC.
Draw your signature above using your mouse or finger.
Questions About This Project?
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