(954) 327-3300 5601 Powerline Road, # 306   Fort Lauderdale. FL 33309 info@erosionrestoration.com

Know Your Rights!

The owner who is expecting an adequate performance from his contractor and wishes to avoid litigation or conflicts during work - shall have proper contract documents professionally prepared before beginning of construction. 

1. Invitation to bid with work description, content, purpose, response forms, bidding requirements, award criteria, quantities, etc, approximately 10 pages.
2. Technical Specification for each product with site preparation and installation requirements, approximately 20 pages.
3. Standard agreement between Owner and Contractor for a project of limited scope, approximately 40 pages.

Those documents cover important questions which always arise anyway: retainage, payment method, progress payments, changes to work, final payment, insurance, warranty, owner's rights, dispute resolution, taxes, permits, fees, compliance, schedule, access, indemnification, protection of persons and property, liability, worker's compensation, liens, termination and many others. The only reason why our company is so well aware of all this - is because we are routinely called to correct work of other contractors by property owners who initially did not follow the proper procedures and had to pay for their mistakes.

There are also pre-requesites and initial selection criteria and questions to ask, as following example.

Does the contractor has equipment capabilities available, owned or rented?
How many people are permanently employed by the company?
How many key personnel will be working on-site, are having managerial and technical competence, for instance the project manager and superintendents, by years of experience (education and academic qualifications are not necessary)
Applicant shall provide information about pending award of other significant contracts;
Does the contractor own another dredge, in case one breaks?
Not more than 30% of project value may be sub-contracted
Construction company must be BBB member
Contractor must have more than 5 years of successful installation practice specific to geotubes with annual volume not less than $200,000
Contractor shall be able to provide the list of more than 20 references
The applicant should have performed operations of a volume and quality similar to those required for the project
Contractor shall submit as-builts for each lake for approval by engineer 
Owner must be satisfied that the bidders will, at the time of award, have the financial resources to implement the project satisfactorily.
Can the contractor bond the project, if required?
No lien records or lawsuits requirement: applicants should be required to list all contracts over 5 years that resulted in litigation or arbitration proceedings.
Contractor shall be familiar with FDEP rules and will be required to install floating turbidity barriers
Contractor will be required to provide maintenance of traffic in accordance to FDOT standard indices
Contractor will be required to submit project schedule in MS Project format
Contractor shall have a company substance abuse policy (must be a drug free workplace)
Dredging contractor shall provide commercial diver certificates.
All contractor employees and visitors to subject site shall communicate in English (Spanish, French, Russian, Hebrew) with a level of proficiency, and to the extent necessary, to ensure their safety and the safety of others.

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