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2003-18RESOLUTION NO. 2003- 18 A RESOLUTION APPROVING AN AGREEMENT FOR APTAKISIC CREEK BANK STABILIZATION WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE desire to cause the implementation of the Aptakisic Creek Bank Stabilization Project; and, WHEREAS, the approval of agreement with the Lake County Storaawater Management Commission is required concerning cost participation. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Mmis, that the President is hereby authorized and directed to execute the `Intergovernmental Agreement Between the Lake County Stormwater Management Commission and the Village of Buffalo Grove for Aptakisic Creek Streambank Stabilization" A copy of said agreement is attached hereto and made a part hereof. AYES: 6 - Braiman, Glover, Berman, Johnson, Kah, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: March 3 1-2003 APPROVED. March 3 , 2003 APPROVED: Village President ATTEST: VW4 Clerk (3AMNOWEEMOrd & RaWa03 -3.doc 9 • INTERGOVERNMENTAL AGREEMENT between the LAKE COUNTY STORMWATER MANAGEMENT COMMISSION and the VILLAGE OF BUFFALO GROVE for Aptakisic Creek Streambank Stabilization THIS IS AN AGREEMENT, by and between The LAKE COUNTY STORMWATER MANAGEMENT COMMISSION, 333 Peterson Road, Libertyville, Illinois 60048 (hereinafter called SMC) and the VILLAGE OF BUFFALO GROVE, 51 Raupp Boulevard, Buffalo Grove, IL 60089 -2198 (hereinafter called VILLAGE). PROJECT DESCRIPTION The project will include installation of approximately 500 linear feet of bio- engineered, stream bank stabilization practices along Aptakisic Creek within the project area shown on Exhibit A. The bio - engineered treatments include re- shaping the streambank, stabilizing the toe with biologs, and planting the biologs and new bank with native vegetation. The goal of the project is to stabilize the eroding stream bank to preserve an adjacent bike path and reduce sediment loading to the Des Plaines River. This work is herein after called the PROJECT. SCOPE OF WORK The SMC will give limited technical assistance to the VILLAGE. This may include assistance in consultant /contractor selection, design review, construction inspections, and discussing materials and methods for the PROJECT. 2. The VILLAGE will hire a consultant /contractor to design and construct the PROJECT. 3. The VILLAGE will obtain all necessary permits, including the USACE, IDNR, USEPA, and SMC's Watershed Development permits. 4. Stream bank stabilization activities will include removal of non - native woody and herbaceous vegetation, establishment of native deep- rooted, herbaceous vegetation, and use of bio- engineering techniques at the toe of the bank where necessary. U:\ WPDATA\ WMB\ DesP laines\Agreements\FY2003\IGA Buffalo Grove.doc Page 1 SCHEDULE The VILLAGE shall complete and invoice the SMC for the reimbursable portion of the work by November 30, 2003. COMPENSATION The total project cost is approximately $50,000. 2. SMC funding shall not exceed $25,000. 3. Payment of reimbursable costs shall be due and payable by the SMC after submission of the VILLAGE's invoice, after satisfactory completion of the work as permitted by SMC, and after approval of the same by the SMC Director. TERMS AND CONDITIONS 1. Either party may terminate this Agreement upon thirty days written notice to the other party. In event of termination, SMC shall pay the VILLAGE for 50% of the services rendered to the date of termination up to a maximum of $25,000. 2. All adjustments, additions, and/or deletions to this Agreement are subject to the written approval of both parties. 3. This Agreement shall be governed by and construed according to the laws of the State of Illinois. 4. SMC authorization and financial support for this project is conditioned on its compliance with all applicable federal, state and local statutes and regulations. As provided by the Illinois Endangered Species Protection Act [520 ILCS 10 /11] and the Illinois Natural Areas Preservation Act [525 ILCS 30/17], any construction, land management or other activity authorized or funded by a local unit of government that will change existing environmental conditions, and/or will have a cumulative, direct or indirect adverse impact on a Natural Area or on a listed species or its habitat, must complete the Endangered Species Consultation Process. As a party to this agreement, the VILLAGE must provide documentation to SMC that the consultation process with the Illinois Department of Natural Resources has been completed. [Consultation program information, applicability and application forms can be found at http: / /dnr. state. il. us/orep/nrrc/brief. htm] U:\ WPDATA\ WMB\ DesP laines\Agreements\FY2003\IGA Buffalo Grove.doc Page 2 n 0 5. This Agreement supersedes any and all other Agreements, oral or written, between the parties hereto with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, as evidenced by the signatures of their duly authorized representative as affixed below. LAKE COUNTY STORMWATER MANAGEMENT COMMISSION: VdV'-e) #� Ward S. Miller, Director Date: 3 _ 7- 03 VILLAGE OF BUFFALO GROVE: Elliott Hartstem, President Date: U:\ WPDATA\ wMB\ DesPlaines \Agreements\FY2003\IGA Buffalo Grove.doc Page 3 APTA�C ROAD co r C CD