R-24-19VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-19
A RESOLUTION APPROVING A LANDSCAPE LICENSE AGREEMENT WITH
THE COMMUTER RAIL DIVISION OF
THE REGIONAL TRANSPORTATION AUTHORITY
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Village desires to plant native plants along the railroad rights -of -
way in the Village controlled by the Commuter Rail Division of the Regional Transportation
Authority ("Metra'); and
WHEREAS, Metra desires to allow the Village to plant native plants along its rights -
of -way provided that the Village enter into a landscape license agreement with Metra
("Agreement'); and
WHEREAS, the Village Board has determined that entering into the Agreement to
with Lincolnshire will serve and be in the best interests of the Village and its residents; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves
the Agreement in substantially the same form as attached to this Resolution as Exhibit A
and in a final form approved by the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The Mayor and the
Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the Agreement. If the executed copy of the final Agreement is not received by the
Village Clerk within 60 days after the effective date of this Resolution, then this authority to
execute and attest will, at the option of the Mayor and Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval by a majority of the members of the Board of
Trustees.
[SIGNATURE PAGE FOLLOWS]
4869-5426-1908, v. 1
AYES: Benton, Berg, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers, Seiden
PASSED: February 20, 2024
APPROVED: February 20, 2024
RESOLUTION NO: R-24-119
Daniel C. Shapiro, Mayor
ATTEST:
K ' 4
Kent S. Street, Villade Clerk
4869-5426-1908, v. 1
EXHIBIT A
AGREEMENT
4869-5426-1908, v. 1
LANDSCAPING LICENSE
Prepared by:
Commuter Rail Division of the Regional
Transportation Authority d/b/a Metra
547 West Jackson Boulevard
Chicago, Illinois 60661
Attn: Director, Real Estate and Contract
Management
Phone: (312) 542-8189
After recording return to:
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attn: Director of Public Works and
Engineering
Phone: (847) 719-7464
PIN(s): (portions of)16-29A100-020, 16-
29-200-022, 16-20-400-005, & 16-20-
300-023 (Lake County)
(Above Space for Recorder's Use Only)
LANDSCAPING LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), Metra Agreement No. , is
entered into by and between the Commuter Rail Division of the Regional Transportation
Authority, a division of an Illinois municipal corporation whose address is 547 West Jackson
Boulevard, Chicago, Illinois 60661 ("Metra"), and the Village of Deerfield, a(n) an Illinois
municipal corporation with offices located at 850 Waukegan Road, Deerfield, Illinois 60015
("Licensee").
NOW, THEREFORE, for and in consideration of payments to be made to Metra by
Licensee, as hereinafter set forth, and also of the covenants and agreements hereinafter stated,
Metra hereby grants to Licensee a non-exclusive license ("License") to use a section of Metra's
Milwaukee District North Line ("MD-N") right of way ("ROW") for the purpose of eradicating
existing foliage, planting, and subsequently maintaining two prairie native pollinator corridors
configured as follows: the first being on the west side of the MD-N ROW beginning at Hazel
Avenue and extending to the northwest to North Avenue, as extended from the west; the second
being on the east side of the MD-N ROW beginning at a point 60 feet south of the centerline of
Williams Avenue as extended from the west and extending northwest to a point 4,276 feet south
of the intersection of Half Day Road and Waukegan Road (the "Plantings"), and for no other
purpose, along the ROW and tracks owned and/or controlled by Metra located in Deerfield,
Illinois (MD N MP 24.36 to MP 25.63), (GPS Coordinates 42.171051,-87.850952 to 42.188668,
-87.857657), as delineated on Exhibit A ("License Premises"), attached to and made a part of
Page 1 of 13
this Agreement, together with the right of reasonable access thereto for the purpose of exercising
the rights and privileges granted in this Agreement. Licensee to maintain and renew the same
during the continuance of this License.
THIS LICENSE is granted upon the following express conditions, terms, and covenants
to be observed, kept, and performed by Licensee:
1. As one of the considerations for this License, Licensee agrees to pay to Metra the
sum of $1,500 for the cost of preparing this License, payable in advance.
2. (a) Said Plantings shall be installed in accordance with the specifications and
notes set forth on Exhibit A. The installation of said Plantings, including but not limited to the
eradication of the existing plants in the corridor, digging and planting prairie native pollinator
plants, the time and manner of doing all of the work or of any maintenance, repairs, replacements,
or renewals upon the License Premises, shall be as directed by Metra's authorized
representative(s).
(b) Licensee agrees to construct and at all times maintain the Plantings so as to
protect all equipment owned or allowed by Metra on the License Premises, or any other or any
facilities which Metra may hereafter construct or permit to be constructed thereon.
(c) Licensee agrees that it will bear and pay the entire cost of constructing,
maintaining, repairing, and replacing said Plantings. Licensee shall install, maintain, repair, and
replace, the Plantings in accordance with all applicable federal, state, and local municipal laws,
ordinances, rules, and regulations promulgated by governmental authorities in a good and
workmanlike manner.
(d) Licensee shall not commence work upon the License Premises until Metra
has approved Licensee's plans, specifications and profiles, such approval not to be unreasonably
withheld or delayed. Metra's approval of Licensee's plans, specifications, and profiles shall not
relieve Licensee of the duty to verify that the plans, specifications and profiles, and all amendments
thereto, are in compliance with the requirements of this paragraph.
3. Upon completion of the initial installation of the Plantings, and upon completion of
any subsequent installation, replacement, or maintenance of the Plantings subsequent to their
installation, Licensee, at its own cost and expense, shall remove any debris and restore, or cause
to be restored to the reasonable satisfaction of Metra, the License Premises and any other affected
portion of Metra's property ("Property") as nearly as may be possible, to the same or better
condition than that which existed immediately prior to commencement of such activities by
Licensee. In the event Licensee fails to cause the License Premises and the Property to be restored
to the reasonable satisfaction of Metra as provided for herein, Metra shall have the right to restore
the License Premises and Property and Licensee shall reimburse Metra for all costs and expenses
incurred by Metra in its performance of the obligations imposed upon Licensee hereunder.
4. Metra shall permit Licensee reasonable right of entry to the License Premises for the
purpose of routine maintenance of said Plantings. Licensee's contractor(s) will be required to enter
Page 2 of 13
into a Right of Entry Agreement with Metra prior to any access to the License Premises for the
purpose(s) of installation, repair, replacement, or removal of said Plantings. An application for a
Right of Entry Agreement can be found at Metra's website: https://metra.com/real-estate-leasing,
or by contacting Metra's Right of Way Administrator at 312-542-8189. Licensee shall contact
Metra's Right of Way Administrator prior to performing any revision, or action to the Plantings
or on the License Premises or Property beyond that which would be reasonably considered routine
maintenance of the Plantings. Said revision, or action may require railroad flagging protection
and/or revised insurance requirements depending on the scope of the work to be performed and
the proximity of said work to the live tracks.
5. Any rights to the License Premises not specifically granted to Licensee herein are
reserved to Metra and its successors and/or assigns. The Plantings shall be installed and
maintained in a manner so as not to interfere with efficient rail operations or any other business
operations or activities being conducted by Metra or Metra's tenants or permittees on the License
Premises and so as not to prevent or unreasonably interfere with use and enjoyment of the License
Premises by Metra, its employees, agents or permittees for the purpose(s) to which the License
Premises is now, or may hereafter be, committed by Metra. Metra shall have the right to retain
the existing tracks and other improvements at the location of the Plantings on or adjacent to the
License Premises and also shall- have. the .right at any and all times in the future to construct,
maintain and operate over, under, across or parallel to said Plantings such additional track or tracks
as it may from time to time elect. Nothing shall be done or caused to be done by Licensee that
will in any manner impair the usefulness or safety of the tracks and other improvements of Metra,
or such track or tracks and other improvements as Metra may in the future construct or cause to be
constructed over, under, across, or parallel to said Plantings. This License is expressly subject to
the rights of third parties to maintain utility and other improvements permitted by Metra on the
License Premises and the Property. Metra reserves the exclusive right to grant future licenses over,
under, across or parallel to said Plantings, provided such licenses do not interfere with the Plantings
and the rights granted Licensee pursuant to this Agreement, as determined by Metra in its sole
discretion.
6. Licensee shall not place, keep, store, or otherwise permit any equipment or materials
to be placed, kept, or stored on the License Premises or the Property except during such time as
Licensee's employees, agents or contractors are physically present and conducting activities
permitted under the terms of this -License. Licensee agrees that it shall not operate or cause to be
operated any vehicle of any kind on the License Premises, on any track or on the Property without
prior authorization from Metra's authorized representative; provided, however, that Licensee shall
not be prohibited from operating Licensee's vehicles and equipment on any public crossing of
Metra's tracks and rights of way. If deemed necessary by Metra, Railroad flagging will be
provided by Metra, the cost of such services to be paid by Licensee. An $850.00 minimum daily
deposit is required for flagging costs. Metra's flagging fees are based on actual expenses incurred
for the project. The daily deposit is based on one (1) flagger during the hours of lam to
3pm. Additional costs may be incurred for: additional flaggers, travel hours, overtime or holiday
work, equipment and/or materials. Expenses charged against the project will be deducted from
the initial deposit. Any costs exceeding the deposit will be billed accordingly.
Page 3 of 13
7. Licensee agrees that it will, immediately upon receipt of a statement showing the
amount thereof, pay all costs of any and all work performed upon the right of way and tracks of
Metra which shall be made necessary by the installation, maintenance, replacement, renewal, or
presence thereon of said Plantings.
8. Licensee agrees that before and during the installation, replacement, maintenance or
renewal of said Plantings, or at any other time, Metra shall have the right to provide such safe and
temporary structures as it may deem necessary for safely caring for and preserving its tracks,
buildings or other improvements and Licensee agrees to pay to Metra the entire cost of putting in
or removing such temporary structures and of restoring the License Premises and Property as near
as may be to the same condition that existed before the commencement of said work.
9. Licensee agrees that should the installation, maintenance, or presence of the
Plantings necessitate any change .or alteration in the location .or arrangement of any other wires,
appurtenances or other improvements located on the License Premises or the Property, the cost -of
such change or alteration shall be paid by Licensee within thirty (30) days of presentation of a bill
by Metra. Licensee further agrees that if, at any time, Metra shall desire to change the location or
grade of its track or tracks or shall desire to use or allow third party railroads to. cross or use its
right of way at any point along a parallel course with the Plantings for any purpose whatsoever,
including but not limited to track installations by Metra or third parties, Licensee, at its own cost
and expense, shall alter, relocate or make all changes to the Plantings required by Metra. If
Licensee shall fail, neglect, or refuse to relocate or make such change(s) to the Plantings for a
period of ninety (90) days after the receipt of written notice from Metra, then Metra may make or
cause to be made such relocation or change(s) at the expense of Licensee.
10. Licensee shall at all times install, replace, and maintain said Plantings in a secure,
safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and
regulations. Licensee shall take all reasonable safety precautions to adequately secure the License
Premises, warn of risks and ensure the safety of the public during periods of installation,
replacement, and maintenance of the Plantings. If the manner of installing, maintaining, or
replacing said Plantings shall at any time be in violation of any applicable law, rule, regulation, or
ordinance, then Licensee, at no cost or expense to Metra and upon receipt of appropriate notice
from a governmental agency having enforcement jurisdiction over the License Premises, shall
make such changes or repairs as shall be necessary. Failure or refusal of Licensee to make the
required changes or repairs -within the time prescribed by said agency shall terminate this License,
provided that it shall not terminate as long as Licensee, in good faith and by pursuit of appropriate
legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful
measures to avoid the enforcement of said laws, rules, regulations or ordinances.
11. To the fullest extent permitted by law, Licensee hereby assumes and agrees to
release, acquit and waive any rights against and forever discharge Metra, the Regional
Transportation Authority ("RTA") and the Northeast Illinois Regional Commuter Railroad
Corporation ("NIRCRC"), their respective directors, administrators, officers, employees, agents,
successors, assigns and all other persons, firms and corporations acting on their behalf or with their
authority from and against any and all claims, demands or liabilities imposed upon them by law or
otherwise of every kind, nature and character on account of personal injuries, including death at
Page 4 of 13
any time resulting therefrom, or on account of damage to or destruction of property arising out of
or in any way relating to or occurring in connection with, the use of the License Premises or any
other Metra property ("Property") for the purposes set forth in this Agreement, or which may
occur to or be incurred by Licensee, its employees, officers, agents and all other persons, firms
and corporations acting on Licensee's behalf or with Licensee's authority while on the License
Premises or Propert3' or arising from the condition of the License Premises or the Property during
the term of this Agreement, whether or not such injuries or damages are caused by the actions,
omissions or negligence of Metra, the RTA, or the NIRCRC. Notwithstanding anything in this
Agreement to the contrary, the releases and waivers contained in this paragraph shall survive
termination of this Agreement.
12. To the fullest extent permitted by law, Licensee agrees to indemnify, defend and
hold harmless Metra, the RTA and the NIRCRC, their respective directors, administrators, officers,
agents, employees, successors, assigns and all other persons, firms and corporations acting on their
behalf or with their authority, from and against any and all injuries, liabilities, losses, damages,
costs, payments and expenses of every kind and nature (including court costs and attorneys' fees)
as a result of claims, demands, actions, suits, proceedings, judgments or settlements, arising out of
or in any way relating to or occurring in connection with, the use of the License Premises or the
Property for the purposes set forth in this Agreement, or the condition of the License Premises or
the Property, of which may occur to or be incurred by Licensee, its employees, officers, agents,
and all other persons, firms and corporations acting on Licensee's behalf or with Licensee's
authority while on the License Premises or the Property, whether or not such injuries, liabilities,
losses, damages, costs, payments or expenses are caused by the actions, omissions or negligence
of Metra, the RTA or the NIRCRC. Metra agrees to notify Licensee in writing within a reasonable
time of any claim of which it becomes aware which may fall within this indemnity provision.
Licensee further agrees to defend Metra, the RTA, the NIRCRC, their respective directors,
administrators, officers, agents and employees against any claims, suits, actions or proceedings
filed against any of them with respect to the subject matter of this indemnity provision, whether
such claims, suits, actions or proceedings are rightfully or wrongfully made or filed; provided,
however, that Metra, the RTA and the NIRCRC, may elect to participate in the defense thereof at
their own expense or may, at their own expense, employ attorneys of their own selection to appear
and defend the same on behalf of Metra, the RTA, the NIRCRC, and their respective directors,
administrators, officers, agents or employees. Licensee shall not enter into any compromise, or
settlement of any such claims, suits, actions or proceedings without the consent of Metra, the RTA
and the NIRCRC, which consent shall not be unreasonably withheld. Notwithstanding anything
to the contrary contained in this Agreement, the indemnities contained in this paragraph shall
survive termination of this Agreement.
13. Prior to entering upon the Premises, Licensee agrees to furnish insurance in form
and in such amounts as required by Metra's Risk Management Department (312-322-1455) and
shall deliver to Metra's Risk Management Department certificates of insurance or such other
documentation acceptable to Metra's Risk Management Department. At a minimum, Licensee
shall obtain and keep in force the insurance coverages, kinds, and amounts, relating to the Premises
as listed on Exhibit "B" ("Insurance Requirements") during all periods that Licensee or those
persons authorized by or acting on behalf of Licensee are on the Premises to perform or cause to
be performed any installation, construction, maintenance, or repair with respect to the Pipeline.
Page 5 of 13
(Metra may change said insurance requirements from time to time). The total cost of the premium
for such insurance shall be at the expense of Licensee or its contractor(s) and/or sub-contractor(s).
14. Licensee or its contractor(s) shall not commence any work until it has obtained and
provided the required insurance and has received approval of same by Metra. All policies must be
in full force at the time of submission and shall not be canceled, modified, limited, or allowed to
expire without having given Metra thirty (30) days prior written notice of such. Notice must be
sent via certified mail to: Metra, Attention: Director, Risk Management, 15th Floor, 547 West
Jackson Boulevard, Chicago, Illinois 60661.
15. This License may be terminated by Metra effective immediately upon notice to
Licensee if the License Premises, or any portion thereof, are needed for any Metra or railroad
purposes as determined by Metra in its sole discretion or Licensee ceases to maintain the Plantings
or violates any of the terms, conditions or provisions set forth in this License. In case of
termination, Licensee shall remove from the License Premises said Plantings and shall restore said
License Premises to the same or better condition than that which existed prior to the installation
of said Plantings; or upon failure, neglect or refusal of Licensee to do so, Metra may make or cause
to be made such removal and restoration, and the total cost hereof shall be paid by Licensee; or, if
Metra shall so elect, it may treat the said Plantings as abandoned by Licensee and may make such
disposition thereof as it may see fit. This License shall be a etual unless terminated in
accordance with the terms.
16. This License and all of the terms, conditions, rights, and obligations herein
contained shall inure to and be binding upon the parties, their respective legal representatives,
lessees, permittees, successors and/or assigns whether hereinabove so stated or not; but it is
distinctly agreed that Licensee shall not assign its rights under this License without first having
received the prior written consent of Metra.
17. All payments required to be made by Licensee to Metra under the terms, conditions,
or provisions of this License shall be made within sixty (60) days of Licensee's receipt of any
demand or invoice from Metra evidencing the amount due to Metra. Payments not made within
said sixty (60) day period shall accrue interest at a rate of one and one-half percent (1 1/z%) per
month or the highest amount permitted by Illinois law, whichever is less, from the date payment
is due until paid.
18. All notices, demands and elections required or permitted to be given or made by
either party upon the other under the terms of this License or any statute shall be in writing. Such
communications shall be deemed to have been sufficiently served if sent by certified or registered
mail, return receipt requested, with proper postage prepaid, or hand delivered to the respective
addresses shown below or to such other party or address as either party may from time to time
furnish to the other in writing. Such notices, demands, elections and other instruments shall be
considered delivered to recipient on the second business day after deposit in the U.S. Mail, or on
the day of delivery if hand delivered.
(a) Notices to Metra shall be sent to:
Page 6 of 13
Metra
547 West Jackson Boulevard
Chicago, Illinois 60661
Attn: Real Estate & Contract Management, Director
Phone: (312) 542-8189
(b) Notices to Licensee shall be sent to:
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois
Attn: Director of Public Works and Engineering
Phone: (847) 719-7464
19. This Agreement shall be governed by the internal laws of the State of Illinois. If any
provision of this Agreement, or any paragraph, sentence, clause, phrase or word or the application
thereof is held invalid, the remainder of this Agreement shall be construed as if such invalid part
were never included and this Agreement shall be and remain valid and enforceable to the fullest
extent permitted by law provided that the Agreement, in its entirety as so reconstituted, does not
represent a material change to the rights or obligations of either of the parties. No waiver of any
obligation or default of Licensee shall be implied from omission by Metra to take any action on
account of such obligation or default and no express waiver shall affect any obligation or default
other than the obligation or default specified in the express waiver and then only for the time and
to the extent therein stated. Whenever the context requires or permits, the singular shall include
the plural, the plural shall include the singular and the masculine, feminine and neuter shall be
freely interchangeable. In the event the time for performance hereunder falls on a Saturday,
Sunday or holiday, the actual time for performance shall be the next business day. This License
constitutes the entire agreement between the parties with respect to the subject matter hereof.
LICENSEE ACKNOWLEDGES THAT INSTRUMENTS OF RECORD, COURT DECISIONS,
OR THE LAWS OF THE STATE IN WHICH THE LICENSE PREMISES ARE LOCATED
MAY LIMIT THE QUALITY OF METRA'S TITLE. LICENSEE FURTHER
ACKNOWLEDGES THAT LICENSEE PURCHASES THE LICENSE SUBJECT TO THESE
POSSIBLE LIMITATIONS ON THE TITLE AND ASSUMES ALL RESPONSIBILITY FOR
INVESTIGATING THE TITLE TO THE LICENSE PREMISES AND THE APPLICABLE
LAWS OF THE STATE.
(Signature Page to Follow)
Page 7 of 13
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
this _ __ day of _ , 20�
LICENSEE, THE COMMUTER RAIL DIVISION OF
VILLAGE OF DEERFIELD: THE REGIONAL TRANSPORTATION
AUTHORITY DB/A METRA:
By: By:
Name: Daniel C. Shapiro Name: James M. Derwinsid
Title: Mayor, Village of Deerfield Title: CEO/Executive Director
Page 8 of 13
Exhibit A
Premises - North Limit
Let. 42.188668
Lon.-87.857657
Milepost 25.63
License to permit the Village of Deerfield
to install prairie plantings within the
railroad right of way as depicted in yellow.
' Premises - South Limit 41011116
Lat.42.171051
Lon.-87.850952
Milepost 24.38
Plantings must be kept a minimum of 15 feet from the nearest rail. Controlled burning is not Permitted. Plant
must not exceed 3 feet In height within 500 feet of any grade crossing.
j The contractor, when awarded, will require a right of entry.
{
Page 9 of 13
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547 W. JACKSON BLVD.
CHICAGO, IL. 60661
Exhibit A
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Page 10 of 13
Exhibit B
METRA'S INSURANCE REQUIREMENTS
1. Commercial General Liabilit►! Insurance
The CGL policy shall include the following coverage limits when limits are indicated.
$2,000,000 per occurrence, $4,000,000 aggregate
$2,000,000 aggregate for completed operations & products liability
2. Automobile Liabith N• Insurance
The Automobile policy shall include the following additional coverage Iimits:
Include "any" auto (i.e., all autos owned by the contractor/vendor as well as hired and
non -owned autos used by the contractor/vendor and autos used by the contractor/vendors'
employees while on Metra property).
$1,000,000 for Property Damage (if not combined in single limit)
3. Worker's Com )ensadon and Em Flo er's LiabM% Insurance
Workers Compensation Insurance coverage should be at statutory limits.
As a minimum, the Employers Liability policy shall include coverage limits of.
$1,000,000 for bodily injury by accident
$1,000,000 for bodily injury by disease, each employee
$1,000,000 aggregate liability
4. Contractor's Pollution Liabilia v Insurance M a jlicable
Coverage shall:
-Cover losses caused by pollution conditions (including sudden and non -sudden pollution
conditions) arising fi-om the services and operations of the contractor/vendor and all
subcontractors involved in the work.
-Apply, without limitation, to bodily injury, property damage (including loss of use of
damaged property or of property which has not been physically injured or destroyed) and
clean-up costs.
-Provide coverage for pollution conditions which arise from encountering pre-existing
environmental conditions at the project site.
-Provide coverage for liability resulting from the transportation of hazardous wastes.
-Shall be written on a "project specific" basis.
Page 11 of 13
Exhibit B
continued
5. Railroad Protective Liability Insurance
LIMITS REQUIRED: S2,000.000 /_$6,000,000
Insure all liabilities assumed under the provisions of the Hold Harmless and Indemnity Clause in
the contract and not exclude any construction and/or demolition work performed within 50 feet of
railroad track. Commercial General Liability policies, including excess/umbrella, must contain
contractual language covering construction and/or demolition being performed on or near railroad
property. Commercial General Liability must be written on the ISO Occurrence Form CG 00 01
12 04 (or a substitute form providing equivalent coverage) and include the following endorsement:
Contractual Liability Railroads ISO Form CG 24 17 10 01 (or a substitute form providing
equivalent coverage).
6. Additional/Named Insured shall be as follows: "The Commuter Rail Division of the Regional
Transportation Authority, a division ofan Illinois municipal corporation, and its affiliated separate
public corporation known as the Northeast Illinois Regional Commuter Railroad Corporation, both
•operating under the service mark Metra as now exists or may hereafter be constituted or acquired,
The Regional Transportation Authority, an Illinois municipal corporation and all other railroads
operating on Metra property."
ADDITIONAL INSURED IS REQUIRED ON THE GENERAL LIABILITY CERTIFICATE
AND NAMED INSURED IS REQUIRED ON THE RAILROAD PROTECTIVE LIABILITY
CERTIFICATE
7. Each Policy shall:
-Include a waiver of subrogation, thereby waiving your rights of subrogation against Metra and any
additional insureds.
-Include the Additional Insured Endorsement for all coverages including products and completed
operations, excluding Workers Compensation and Professional Liability.
-Be primary and non-contributory on all coverages.
S. Deductibles All deductibles applicable to the insurance coverage shall be borne by the
contractor/vendor. The certificate of insurance shall clearly state how defense costs (also known
as "allocated loss adjustment expenses") shall apply in terms of the deductible and the insurance
limits. (SIR programs are prohibited, unless approved by Metra's Risk Management Department.)
9. Subcontractors All subcontractors retained or hired for the work shall be required to maintain
limits and term equivalent to those required of the prime contractor.
10. Cancellation Should any of the above -described policies be cancelled before the expiration date
thereof, notice will be delivered in accordance with the policy provisions. Contractor/Vendor will
immediately notify Metra of the cancellation, non -renewal, material change or reduction in
coverage of any required insurance policy. Such notice shall be sent certified mail to Metra, care
of Director of Risk Management, 547 W. Jackson, Suite 1500, Chicago, IL 60661.
Page 12 of 13
Exhibit B
continued
11. No Waiver The failure by Metra to receive certificates of insurance required hereunder, or to
receive them by the date(s) required hereunder, be construed as a waiver of the contractor/vendor's
obligation to obtain the required insurance coverages. Failure by Metra to demand any certificate
of insurance or other evidence of full compliance with the insurance requirements set forth herein,
or failure by Metra to identify a deficiency in the evidence provided, shall not be construed as a
waiver of the obligation to procure, or maintain the insurance required hereunder. The acceptance
of delivery by Metra of any certificate of insurance does not constitute approval or agreement that
the insurance requirements have been met or that the insurance policies identified in the certificates
of insurance are in compliance with such requirements.
12. Certificates
Certificates of Insurance shall be sent to:
- Ann Hammo
Metra Risk Management
547 W. Jackson Blvd
Chicago, IL 60661
(phone) 312-322-1455
(email) AHammortvMETRARR.com
Page 13 of 13