Common use of COUNTY Commitments Clause in Contracts

COUNTY Commitments. 1. The COUNTY shall prepare, or cause to be prepared, a final version of the PLANS and contract letting documents for the IMPROVEMENT in accordance with COUNTY policies and standards. The DISTRICT shall have the opportunity to review and approve the PLANS prior to the letting of the IMPROVEMENT, the approvals of which shall not be unreasonably withheld by the DISTRICT. 2. The COUNTY agrees to incorporate the SEWER MODIFICATIONS into the PLANS at no cost to the DISTRICT. 3. The COUNTY shall prepare, or cause to be prepared, all necessary documents for any rights-of-ways or easements, either permanent or temporary, that may be necessary to construct the IMPROVEMENT, inclusive of plats, deeds and legal descriptions that may be necessary to acquire those rights-of-ways or easements, either permanent or temporary. 4. The COUNTY shall cause the IMPROVEMENT to be constructed and to perform, or cause to be performed, the construction engineering supervision for the IMPROVEMENT in accordance with COUNTY procedures and requirements. 5. The COUNTY shall pay for all project costs including design engineering, surveying, land acquisition, construction, and construction engineering supervision for the IMPROVEMENT subject to reimbursement from the DISTRICT as described in EXHIBIT B to THIS AGREEMENT, which is attached hereto and is hereby made a part hereof. 6. The COUNTY shall cause the IMPROVEMENT to be constructed in a way to ensure uninterrupted operation of DISTRICT facilities during construction activities and shall coordinate with the DISTRICT regarding maintenance and operation of DISTRICT facilities. 7. The COUNTY shall be responsible for construction and construction engineering supervision costs associated with the SEWER MODIFICATIONS within the DISTRICT’s easements as described in EXHIBIT B to THIS AGREEMENT at no cost to the DISTRICT. 8. The Illinois Department of Transportation will let and award the IMPROVEMENT. The anticipated letting date for the IMPROVEMENT is November 17, 2023. (The letting date is subject to change, dependent upon project readiness and the availability of project funding.) 9. The COUNTY shall require the successful bidder to name the DISTRICT and its subsidiaries and Engineer by endorsement as an additional insured on any liability coverage required pursuant to such contracts. 10. The COUNTY shall, for itself and for those authorized by or through the COUNTY, including without limitation an authorized COUNTY contractor, and to the fullest extent permitted by law, hold harmless, indemnify and defend the DISTRICT, its commissioners, officers, agents, attorneys, employees, Engineer, contractors and successors and assigns from and against any and all losses, liabilities, expenses, claims, costs, causes, actions, litigation costs, attorneys’ fees, suits and damages relating to personal or bodily injuries, death or damages or injuries to property arising from, occurring, growing out of, incident to, relating to or otherwise resulting from any alleged act or omission related to the construction, installation, or use of the IMPROVEMENT by the COUNTY, its employees and authorized agents, or any authorized COUNTY contractor, or any of their respective officers, agents, contractors, employee or representatives (collectively, CLAIMS), except to the extent any such CLAIMS arise from the negligent acts or willful or wanton misconduct of the DISTRICT.

COUNTY Commitments. 1. The COUNTY shall prepare, or cause to be prepared, a final version of the PLANS and contract letting documents for the IMPROVEMENT in accordance with COUNTY policies and standards. The DISTRICT VILLAGE shall have the opportunity to review and approve the PLANS prior to the letting of the IMPROVEMENT, the approvals of which shall not be unreasonably withheld by the DISTRICTVILLAGE. 2. The COUNTY agrees to incorporate the SEWER WATER MAIN MODIFICATIONS designed by the VILLAGE into the PLANS at no cost to the DISTRICTVILLAGE subject to reimbursement from the VILLAGE as described in EXHIBIT D to THIS AGREEMENT, which is attached hereto and is hereby made a part hereof. 3. The COUNTY shall prepare, or cause to be prepared, all necessary documents for any rights-of-ways or easements, either permanent or temporary, that may be necessary to construct the IMPROVEMENT, inclusive of plats, deeds and legal descriptions that may be necessary to acquire those rights-of-ways or easements, either permanent or temporary. 4. The COUNTY shall cause the IMPROVEMENT to be constructed and to perform, or cause to be performed, the construction engineering supervision for the IMPROVEMENT in accordance with COUNTY procedures and requirements. 5. The COUNTY shall cause the IMPROVEMENT to be constructed in a way to ensure uninterrupted operation of the VILLAGE water main during construction activities and shall coordinate with the VILLAGE regarding maintenance and operation of the VILLAGE water main. 6. The COUNTY shall pay for all project costs including including, without limitation, design engineering, surveying, land acquisition, construction, and construction engineering supervision supervision, demolition, restoration of impacted areas, vegetation, tree, and ▇▇▇▇▇ removal, and removal of all waste and debris, for the IMPROVEMENT subject to reimbursement from the DISTRICT VILLAGE as described in EXHIBIT B D to THIS AGREEMENT. 7. In accordance with the McHenry County Tree Planting and Replacement Policy, the COUNTY shall compensate the VILLAGE for the replacement of ninety-five (95) trees to be planted on property owned or under the control of the VILLAGE. Planting and establishment of the ninety-five (95) trees will be accomplished within three (3) years of the completion of the IMPROVEMENT. The VILLAGE shall plant all trees within McHenry County. The COUNTY shall pay the VILLAGE fifty-seven thousand dollars ($57,000.00) for the cost of the tree replacement. The COUNTY shall pay said amount within sixty (60) days of notification to the VILLAGE by the COUNTY of the contract award of the IMPROVEMENT. The compensation provided by the COUNTY will constitute its total obligation for tree replacement incurred as a result of the IMPROVEMENT. 8. The COUNTY shall construct a shared-use path on the east side of ▇▇▇▇▇▇▇ Road as shown on the PLANS and within the VILLAGE’s municipal boundary at no cost to the VILLAGE. Following completion, the VILLAGE shall be responsible for maintenance of the shared use path at no cost to the COUNTY. 9. The COUNTY shall construct a sidewalk on the west side of ▇▇▇▇▇▇▇ Road as shown on the PLANS and within the VILLAGE’s municipal boundary at no cost to the VILLAGE. Following completion, the VILLAGE shall be responsible for maintenance of the sidewalk at no cost to the COUNTY. 10. The COUNTY shall issue a facility permit to the VILLAGE for the shared-use path on the east side of ▇▇▇▇▇▇▇ Road as shown on the PLANS and within the VILLAGE’s municipal boundary. Special conditions to a facility permit shall be limited to those listed in EXHIBIT E, which is attached hereto and is hereby made a part hereof. 611. The COUNTY shall cause issue a facility permit to the IMPROVEMENT VILLAGE for the sidewalk on the west side of ▇▇▇▇▇▇▇ Road as shown on the PLANS and within the VILLAGE’s municipal boundary. Special conditions to a facility permit shall be limited to those listed in EXHIBIT E, which is attached hereto and is hereby made a part hereof. 12. The COUNTY agrees to allow bus shelters to be constructed within the COUNTY right- of-way at the bus shelter pad location shown in the PLANS. The bus shelters shall include, but shall not be limited to, bicycle racks, digital bus arrival countdown signs, LED lighting, solar panels, advertising, and receptacles for recycling and trash. The COUNTY may enter into a way separate agreement with Pace to ensure uninterrupted operation of DISTRICT facilities during construction activities determine the costs and shall coordinate any cost proration between the COUNTY and Pace associated with the DISTRICT regarding construction of the bus shelters. The COUNTY agrees that the VILLAGE shall not be obligated for any costs associated with the construction of the bus shelters or the concrete pad for a bus stop. The COUNTY may enter into a separate agreement with Pace to determine the maintenance costs and operation any cost proration between the COUNTY and Pace associated with the maintenance of DISTRICT facilitiesthe bus shelters. The COUNTY agrees that the VILLAGE shall not be obligated for any costs associated with the maintenance of the bus shelters or the concrete pad for a bus stop. 713. The COUNTY shall be responsible for construction construct intersection improvements at ▇▇▇▇▇▇ Road (East of ▇▇▇▇▇▇▇ Road) as shown on the PLANS and construction engineering supervision costs associated with the SEWER MODIFICATIONS within the DISTRICTVILLAGE’s easements as described in EXHIBIT B to THIS AGREEMENT municipal boundary at no cost to the DISTRICTVILLAGE. 814. The COUNTY shall maintain the sound wall and retaining wall that extend onto ▇▇▇▇▇▇ Road, east of ▇▇▇▇▇▇▇ Road, which is within the VILLAGE’s roadway jurisdiction, at no cost to the VILLAGE. 15. The COUNTY shall construct a street lighting system along ▇▇▇▇▇▇▇ Road to provide improved safety for the motoring public, bicyclists and pedestrians at no cost to the VILLAGE. A portion of the ▇▇▇▇▇▇▇ Road lighting system extends on ▇▇▇▇▇▇ Road between ▇▇▇▇▇▇▇ Road and ▇▇▇▇▇▇ Avenue. The COUNTY shall maintain the lighting system at no cost to the VILLAGE, including that portion that extends on ▇▇▇▇▇▇ Road to ▇▇▇▇▇▇ Avenue. 16. The COUNTY shall permit a breakaway VILLAGE gateway sign on ▇▇▇▇▇▇▇ Road, south of ▇▇▇▇▇▇ Road. The COUNTY shall issue a facility permit to the VILLAGE to install the gateway sign following substantial completion of the IMPROVEMENT. 17. The COUNTY agrees to compensate the VILLAGE $7,500.00 for the removal and reinstallation of the VILLAGE’s electronic message sign from within the COUNTY’s right of way in which it previously acquired from the VILLAGE. The VILLAGE’s reinstallation of the VILLAGE’s electronic message sign shall be outside of the COUNTY right of way. The COUNTY shall remit to the VILLAGE $7,500.00 for the removal and reinstallation of the VILLAGE’s electronic message sign within thirty (30) days of execution of THIS AGREEMENT. 18. The COUNTY agrees to compensate the VILLAGE $12,500.00 for the removal and reinstallation of the VILLAGE’s park sign, landscaping and fencing from within the COUNTY’s right of way in which it previously acquired from the VILLAGE. The VILLAGE’s reinstallation of the park sign, landscaping and fencing shall be outside of the COUNTY right of way. The COUNTY shall remit to the VILLAGE $12,500.00 for the removal and reinstallation of the VILLAGE’s park sign, landscaping and fencing within thirty (30) days of execution of THIS AGREEMENT. 19. The Illinois Department of Transportation will let and award the IMPROVEMENT. The anticipated letting date for the IMPROVEMENT is November 17March 8, 20232024. (The letting date is subject to change, dependent upon project readiness and the availability of project funding.) 920. The COUNTY shall require the successful bidder to name the DISTRICT and its subsidiaries and Engineer by endorsement VILLAGE as an additional insured on any liability coverage required pursuant to such contracts. 1021. The COUNTY shall, for itself and for those authorized by or through the COUNTY, including without limitation an authorized COUNTY contractor, and to the fullest extent permitted by law, hold harmless, indemnify and defend the DISTRICTVILLAGE, its commissioners, officers, agents, attorneys, employees, Engineer, contractors and successors and assigns from and against any and all losses, liabilities, expenses, claims, costs, causes, actions, litigation costs, attorneys’ fees, suits and damages relating to personal or bodily injuries, death or damages or injuries to property arising from, occurring, growing out of, incident to, relating to or otherwise resulting from any alleged act or omission related to the construction, installation, or use of the IMPROVEMENT by the COUNTY, its employees and authorized agents, or any authorized COUNTY contractor, or any of their respective officers, agents, contractors, employee or representatives (collectively, CLAIMS), except to the extent any such CLAIMS arise from the negligent acts or willful or wanton misconduct of the DISTRICTVILLAGE.