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(4) The Surety Company shall have at least twice the minimum surplus and capital required by the <br />Florida Insurance Code at the time the invitation to Proposal is issued. <br />(5) The Surety Company shall have at least the ratings of A -Class V in the latest issue of Best's Key <br />Rating Guide. <br />(6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten <br />(10) percent of its surplus to policyholders, provided: <br />(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation <br />of the risk as prescribed in this section. These minimum requirements shall apply to the <br />reinsuring carrier providing authorization or approval by the State of Florida, Department of <br />Insurance to do business in this state have been met. <br />(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the <br />amount assumed by any co -surety, the value of any security deposited, pledged or held <br />subject to the consent of the surety and for the protection of the surety shall be deducted. <br />GC 47 INSURANCE. <br />1. The Contractor shall maintain and pay for such insurance, issued in the name of the Owner <br />and naming the Owner as an Additional Insured, with such coverages as will protect the Owner from <br />contingent liability under the Contract, as set forth in the Special Conditions <br />2, Coverages. See Special Conditions, <br />3. The Certificate of Insurance and policy endorsements or riders shall name the County as <br />"ADDITIONAL INSURED" with respect to all Liability coverages. Contractor shall provide <br />evidence of continued coverage in the event of renewal or policy termination. Owner may <br />withhold payment to Contractor until evidence of insurance coverage is received. <br />4.. These insurance requirements shall not in any manner limit or qualify the liabilities and <br />obligations assumed by Contractor under the Contract. <br />5. The Contractor shall be entirely responsible for securing Certificates of Insurance coverage <br />as set forth above from all subcontractors who are engaged in the work. <br />GC 48 INDEMNITY. <br />Contractor agrees to protect, defend, reimburse, indemnify and hold the Owner, its agents, employees <br />and elected officers and each of them (collectively), free and harmless at all times from and against any and <br />all claims, liability, expenses, losses, suits, costs, fines and damages, including attorney fees and costs, and <br />causes of action of every kind and character against the Owner by reason of any damage to property or the <br />environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party <br />acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency, <br />arising out of or incident to or in connection with Contractor's performance under this Contract, Contractor's <br />acts, omissions or operations hereunder, the site conditions, or the performance, non-performance or <br />purported performances of the Contractor or any breach of the terms of this Contract; to the extent caused by <br />the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons or entities <br />employed or utilized by Contractor in its performance. (§725.06 F.S.) <br />GC 49 DISPUTE RESOLUTION. <br />Final Completion. Notwithstanding any other provision, the parties agree that any unresolved dispute <br />regarding the punch list or any other requirement for Final Completion shall be mediated with the Engineer as <br />the mediator. <br />44 <br />F:\Engineering\Capital Projects\0604-12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal <br />Contract Provisions.doc a2g=83:20:34 PM <br />