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<br />b. Surety insurers shall be listed in the latest CIrcular 570 of the U.S. Department of the Treasury <br />entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount <br />shall not exceed the underwriting limitations as shown in this circular. <br /> <br />c. The attorney-in-fact or other officer who signs a Contract Bond for a surety company must file <br />with such bond a certified copy of his power of attorney authorizing him to do so. The surety's <br />resident Florida Agent must countersign the Contract bond. <br /> <br />The Contractor may in lieu of a surety bond, submit a cash bond, conditioned upon the faithful <br />performance of the work in strict accordance with this Contract and with the Plans and <br />Specifications and the completion of the same free from all liens and within the time limit herein <br />specified. The said Bond shall be so worded as to make the Contract a part thereof and shall <br />contain a clause providing the right of suit or action for whose benefit said bond shall be executed <br />as disclosed by the text of said Bond and Contract to the same extent as if he or they were the <br />obligee or obligee therein specifically mentioned, and all such persons shall be held or deemed to <br />be obligee thereof. <br /> <br />Section 255.05, Florida Statutes, as amended, provide for the following conditions to be made in <br />all Performance and Payment Bonds relating to public projects. <br /> <br />"A claimant, except a laborer, who is not in privity with the Principal and who has not received <br />payment for his labor, materials, or supplies shall, within forty-five (45) days after beginning to <br />furnish labor, materials, or supplies for the prosecution of the work, furnish the Principal with a <br />notice that he intends to look to the bond for protection. <br /> <br />A claimant who is not in privity with the Principal and who has not received payment for his <br />labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after <br />c0111plete delivery of the materials or supplies, deliver to the Principal and to the Surerj 'vvritten <br />notice of the performance of the labor or delivery of the materials or supplies and of the non- <br />payment. <br /> <br />A no action for the labor, materials, or supplies may be instituted against the Principal or the <br />Surety unless both notices have been given. No action shall be instituted against the Principal or <br />the Surety on the bond after one (1) year from the performance of the labor or completion of <br />delivery of the materials or supplies". <br /> <br />13. Plant and Program of Construction: <br /> <br />The Contractor shall supply all plant, tools, and equipment of every kind, ample in quantity and <br />capacity, in good working order and suitable in character to carry on the work of his Contract <br />according to the approved program. <br /> <br />Precaution shall be exercised at all times for the protection of persons and property. The safety <br />provisions of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and other <br />applicable laws, building and construction codes shall be observed. Machinery, equipment and <br />other hazards shall be guarded in accordance with the safety provisions of the "Manual of <br />Accident Prevention in Construction", published by the Associated General Contractors of <br />America, to the extent that such provisions are not in contravention of applicable law. <br /> <br />General Specifications Oct. 2007 <br /> <br />Page 7 of 15 <br />