R-24-06VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-06
A RESOLUTION APPROVING A PIPELINE EASEMENT AGREEMENT
WITH THE COMMUTER RAIL DIVISION OF
THE REGIONAL TRANSPORTATION AUTHORITY
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village proposes to install a new water main system ("Utility
System') located under a portion of Hazel Avenue where it crosses the Commuter Rail
Division of the Regional Transportation Authority's ("Metra ") Milwaukee District North Line's
right-of-way and tracks ("Easement Premises'); and
WHEREAS, the Village and Metra desire to enter into a new easement agreement
("Agreement') to ratify and more formally document the Village's right to maintain its
proposed Utility System on the Easement Premises ("Easement Agreement'); and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to enter into the Easement Agreement with Metra;
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 EASEMENT AGREEMENT. The Village Board
hereby approves the Easement Agreement by and between the Village and Metra in
substantially the form attached to this Resolution as Exhibit A and in a final form approved
by the Village Manager.
SECTION 3: AUTHORIZATION TO EXECUTE EASEMENT AGREEMENT.
The Village Board hereby authorizes and directs the Village President and the Village Clerk
to execute and seal, on behalf of the Village, the final Easement Agreement.
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, Metts-Childers, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Seiden
PASSED: January 16, 2024
APPROVED: January 16, 2024
RESOLUTION NO: R-24-06
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. St et, Village Clerk
4869-5426-1908, v. 1
EXHIBIT A
AGREEMENT
4869-6426-1908, v. 1
March 6, 2024
Mr. Robert Phillips
Village of Deerfield
465 Elm Street
Deerfield, Illinois 60015
RE: Completed Pipeline License Agreement RE23032
Water Main License, Deerfield
Metra's Milwaukee District North Line
Mr. Phillips,
Attached for the records of the Village of Deerfield is a fully executed original counterpart of Pipeline
License Agreement RE23032. Metra is in receipt of your check #259061 for $2,500 covering the
contract preparation fee.
Sincerely,
Jack Uidl, Right of Way Administrator 2
Real Estate & Contract Management
Enclosure
low
547 W. Jackson Boulevard, Chicago, !L 60661 312-322-6500 metraxom
Office of the CEO/Executive Director
DATE: February 29, 2024
TO: Senior Staff
FROM: Jim Derwinski
CEO/Executive Director
RE: DELEGATION OF AUTHORITY
I will be out of the office March 5-7, 2024.
During my absence, if you require a signature or other immediate action, John Milano is
authorized to act on my behalf.
Signature Authority is hereby granted commencing on March 5, 2024.
Jim Derwinski
CEO/Executive Director
-Aatw/V.
- Witness
RECESSION PURPOSE ONLY:
I hereby rescind my delegation of authority on this day of , 2024.
Jim Derwinski
CEO/Executive Director
PIPELINE 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
465 Elm Street
Deerfield, Illinois 60015
Attn: Robert Phillips, Director of Public
Works
Phone: (847) 719-7464
PIN(s): (portion of) 16-29-400-020
(Above Space for Recorder's Use Only)
PIPELINE LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), Metra Agreement No. RE23032, 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 Village of Deerfield, a(n) Illinois municipal
corporation with offices located at 465 Elm Street, 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"), being five (5) feet in width
to use Metra's property for the purpose of installing a twenty-four (24)-inch steel casing pipe
containing a twelve (12)-inch ductile iron water main, which will replace an existing eight (8)-inch
water main (captured in Metra Agreement No. W04840) that will be abandoned in place
("Pipeline"), and for no other purpose, along, across and underneath the right of way and tracks
(or track, as the case may be) owned and/or controlled by Metra located on the north side of Hazel
Avenue, (MP 24.36) in Deerfield, Illinois, on Metra's Milwaukee District North Line (GPS
coordinates 42.171026,-87.850810), as delineated on Exhibit "A" ("License Premises") attached
to and made a part of 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,
operate and renew the same during the continuance of this License.
Page 1 of 13
THIS LICENSE is granted upon the following express conditions, terms, and covenants
to be observed, kept and performed by Licensee:
1. (a) As one of the considerations for this License, Licensee agrees to pay to
Metra the sum of $2,500 for the cost of preparing this License, payable in advance.
2. (a) Said Pipeline shall be constructed in accordance with the specifications and
notes set forth on Exhibit A. The installation of said Pipeline, including but not limited to the
digging and filling of any trench and 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 representatives.
(b) All of said work shall be done at Licensee's sole cost and expense, in a good
and workmanlike manner, and in accordance with the plans, specifications, and profiles to be
prepared by Licensee and submitted for approval to Metra's authorized representative(s), and until
such approval is given, said work shall not be commenced by Licensee.
(c) Licensee agrees that it will bear and pay the entire cost of constructing,
maintaining, repairing, replacing, and operating said Pipeline. Licensee shall install, construct,
maintain, repair, replace, and operate the Pipeline in accordance with all applicable federal, state,
and local municipal laws, ordinances, rules, and regulations promulgated by governmental
authorities.
(d) Licensee shall not commence work upon the License Premises until Metra
shall have 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.
(e) Any assignment, sub -licensing, leasing, addition of more pipes, capacity,
equipment, or any other expansion of the use of the License Premises beyond that indicated in the
plans and specifications approved by Metra, is strictly prohibited without the prior written consent
by Metra. Any such changes made without Metra's consent shall be void and will be considered a
material breach of this Agreement allowing Metra, at its discretion, to terminate this Agreement
and require Licensee to remove the Pipeline and any other facilities or equipment from the License
Premises.
3. Upon completion of the initial installation and construction of the Pipeline, and
upon completion of any subsequent installation, reconstruction, replacement, repair or
maintenance of the Pipeline subsequent to its construction, 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 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 the Property and Licensee shall reimburse
Page 2 of 13
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 and operation of said Pipeline. Licensee's contractor(s) will
be required to enter into a Right of Entry Agreement with Metra prior to any access to the License
Premises for the purpose(s) of installation, construction, reconstruction, repair, replacement, or
removal of said Pipeline. 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
construction, revision, or action to the Pipeline or on the License Premises or Property beyond that
which would be reasonably considered routine maintenance and/or operation of the Pipeline. Said
construction, 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 Pipeline shall be installed, constructed,
repaired, maintained and operated 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 this Pipeline 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 Pipeline 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 Pipeline. 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 Pipeline, provided such licenses do not interfere
with the Pipeline 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
Page 3 of 13
expenses incurred for the project. The daily deposit is based on one (1) nagger 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.
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 construction, maintenance, repair, replacement,
renewal, or presence thereon of said Pipeline.
8. Licensee agrees that before and during the installation, construction, replacement,
repair, maintenance, or operation of said Pipeline, 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 the Property as near as may be possible to the same condition that existed before the
commencement of said work.
9. ' Licensee agrees that should the construction, maintenance, operation., repair, or
presence of the Pipeline necessitate any change or alteration in the location or arrangement of any
other pipelines, 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 use its right of way at said point of crossing or at any point along a parallel course with the
Pipeline 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
Pipeline required by Metra. If Licensee shall fail, neglect, or refuse to relocate or make such
change(s) to the Pipeline 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, construct, replace, repair, maintain and operate
said Pipeline 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 construction, reconstruction, replacement, repair, maintenance, and operation of the
Pipeline. If the manner of installing, constructing, repairing, maintaining, replacing, or operating
said Pipeline 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.
Page 4 of 13
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
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 Property 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, 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 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.
Page 5 of 13
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.
(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 operate or maintain
the Pipeline 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 Pipeline and shall restore
said License Premises to the same or better condition than that which existed prior to the
construction and installation of said Pipeline; 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 Pipeline as abandoned
by Licensee and may make such disposition thereof as it may see fit. This License shall be
perpetual 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 1/2%) 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
Page 6 of 13
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 parry 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:
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
465 Elm Street
Deerfield, Illinois 60015
Attn: Robert Phillips, Director of Public Works
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 P 4 day of G ft h , 20^
LICENSEE,
VILLAGE OF DEERFIELD:
By:
Name: Daniel C. Shapiro
THE COMMUTER RAIL DIVISION OF
THE REGIONAL TRANSPORTATION
AUTHORITY DB/A METRA:
By: 14 4w
Name: James M. Derwinski
Title: Mayor, Village of Deerfield Title: CEO/Executive Director
Page 8 of 13
Exhibit A
L
N
3
CD
1P
Al
m
Metra Stipulations:
The contractor, when awarded, will require a right of entry.
Premises
Proposed 12" water main
Lat. 42.171026
Lon.-87.850810
Milepost 24.36
Hazel Avenue
Existing 8" water main
to be abandoned
(see W04840)
License to permit the
Village of Deerfield to
install a 12" ductile iron
water main within a 24"
steel casing and abandon
the existing 8" water main.
EXHIBIT "A"
Page 9 of 13
547 W. JACKSON BLVD.
CHICAGO, IL. 60661
Exhibit B
METRA'S INSURANCE REQUIREMENTS
1. Commercial General Liability 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 Liability Insurance
The Automobile policy shall include the following additional coverage limits:
-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 Compensation and Em to er's Liability 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 Liability Insurance if applicable)
Coverage shall:
-Cover losses caused by pollution conditions (including sudden and non -sudden pollution
conditions) arising from 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 REOUIRED: S2,000.000 / S&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
properly. 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 of an 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.
8. 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) AHamni c{ .
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