Parties to this Agreement
Kim Nguyen
1283 Blue Heron Dr
Bayou Vista, TX 77563
Jordan Marine Construction LLC
4950 Lazy Lane
Montgomery, Texas 77316
Managing Partner: Chris Kick
1810 Eagles Cove, Friendswood, TX 77586
Scope of Work
Complete removal and replacement of the existing bulkhead and boat dock at 1283 Blue Heron Dr, Bayou Vista, TX 77563. An engineered bulkhead drawing will be provided upon acceptance of this proposal for submission to the homeowners association and the City as required.
Remove & Replace Bulkhead
Full removal of the existing bulkhead and installation of a new bulkhead using TW-70 sheeting (12 ft sheets), 2.5 CCA 6×6×15 line posts at 5 ft on center, ¾" tie backs at 5 ft on center, and 2.5 CCA 3×8 walers top and bottom of wall.
Remove & Replace Boat Dock
Full removal of the existing boat dock structure and replacement as part of the overall waterfront renovation.
Backfill & Sod Restoration
JMC will backfill and replace sod as needed following installation to restore the property to a clean, finished condition.
Engineered Bulkhead Drawing
A full bulkhead drawing will be provided with acceptance of this proposal for submission to the homeowners association and the City as required for permitting.
Materials & Specifications
All materials specified below are included in the contract price.
| Material / Item | Specification |
|---|---|
| TW-70 Sheeting | 12 ft sheets |
| 2.5 CCA 6×6×15 Line Post | @ 5 ft on center |
| ¾" Tie Backs | @ 5 ft on center |
| 2.5 CCA 3×8 Waler | Top and bottom of wall |
| Backfill & Sod | JMC will backfill and replace sod as needed |
| Engineered Bulkhead Drawing | Provided upon acceptance — for HOA and City submission |
Payment Schedule
Total contract price to remove and replace the bulkhead and boat dock: $47,000.00. Payments are due at the following milestones:
| # | Milestone | Amount |
|---|---|---|
| 1 | Deposit at Signing — To Order Material | $20,000.00 |
| 2 | Due on Start Date | $12,000.00 |
| 3 | Due Upon Completion | $15,000.00 |
| Total Contract Value | $47,000.00 | |
Default
The occurrence of any of the following shall constitute a material default under this Contract:
- The failure of the Owner to make the required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party's property to any 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.
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.
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.
Execution & Signatures
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