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<br />" <br /> <br />bind coverage on its behalf. In most instances, SCRRA and Member Agency do not allow self-insurance; <br />however, if the Contractor can demonstrate assets and retention funds meeting SCRRA and Member <br />Agency self-insurance requirements, SCRRA and Member Agency may in SCRRA's sole and absolute <br />discretion permit the Contractor to self-insure. The right to self-insure with respect to any coverage <br />required hereunder may be granted or revoked at the sole and absolute discretion of SCRRA or any <br />Member Agency. SCRRA or Member Agency shall not be liable for the payment of any premiums or <br />assessments for insurance required to be maintained by the Contractor under this Agreement. Contractor <br />affirms that all subcontractors covered by this Agreement are insured to the same limits required of the <br />Contractor or included in Contractor's policy. <br /> <br />Prior to the expiration of any policy, the Contractor shall furnish SCRRA with certificates of renewal or <br />"binders" thereof. Each certificate shall expressly state that such policies shall not be cancelable or <br />otherwise subject to modification except after thirty (30) days prior written notice to SCRRA and Member <br />Agency. <br /> <br />8. No Assilmment <br /> <br />The Contractor shall not assign this Agreement or any right hereunder without SCRRA's and Member <br />Agency's prior written consent. <br /> <br />9. Comvliance bv Contractor <br /> <br />The Contractor shall take all steps necessary to assure that its subcontractors comply with the terms and <br />conditions of this Agreement and applicable laws and regulations. The Contractor shall assure that no lien <br />is placed against the Right of Way arising from performance of work hereunder by Contractor or any <br />subcontractor, and in the event of such a lien, Contractor shall immediately remove or cause to be <br />removed such lien. <br /> <br />10. Safetv Orientation Class <br /> <br />The Contractor and his subcontractors may be required to attend a Pre-Construction meeting and/or <br />SCRRA Safety Orientation Class prior to receiving permission to enter the Right of Way. <br /> <br />II. SCRRA Safety and Protective Services <br /> <br />The Contractor must request and arrange for on track safety protection satisfactory to SCRRA in the <br />following circumstances: <br /> <br />A. When Contractor's personnel or equipment encroach onto the Right of Way; <br /> <br />B. When any part of any equipment is standing or being operated within or adjacent to the Right of <br />Way, or when any erection or construction activities are in progress within such limits; <br /> <br />C. For any excavation within the railroad Right of Way; <br /> <br />D. For any clearing, grubbing, grading, or blasting in proximity to the Right of Way which, in the <br />opinion of SCRRA or Member Agency's representative, may endanger the Right of Way or <br />operations; <br /> <br />E. For any street construction and maintenance activities, located within the Right of Way or in the <br />vicinity of an at-grade crossing, requiring temporary work area traffic control; <br /> <br />The Contractor shall notify the SCRRA Maintenance of Way office (909-392-4506) a minimum of five <br />(5) working days prior to beginning work on the Right of Way and secure any protection SCRRA deems <br />necessary. This prior notification does not guarantee the availability of on track safety protection for the <br /> <br />seRRA FORM NO.6 <br /> <br />Page 4 of 12 <br /> <br />7 J t 2/2004 <br />