R-1005 - 01/22/2008 - ISTHA - Resolutions Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
January 22, 2008
SUBJECT: I -88 (Finley Road — Route 83)
Night Work
FROM: Dale L. Durfey, Jr., P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT: N/A
ITEM 10.11.4 )
la'l
RECOMMENDED MOTION: I move that the Village Board approve the attached
Resolution to waive the limitations of Section 6 -1 -2 of the
Oak Brook Village Code to permit the Illinois State Toll
Highway Authority and its contractors to work nights to
install noise wall panels on the Ronald Reagan Memorial
Tollway (I -88) between Meyers Road and Route 83 until
April 15, 2008.
Background/History:
Attached please find a copy of letters dated January 10, 2008 from Paul Kovacs, Tollway Chief
Engineer, and January 14, 2008 from William Garard "regarding Tollway work on the south side
of I -88 between Meyers Road and Route 83. The letter requests a waiver of Section 6 -1 -2 so that
the contractor can safely and efficiently install noise wall panels at night.
Section 6 -1 -2 of the Village Code states that no person or entity may use heavy equipment in
residential areas except between 7:00 A.M. and 6:00 P.M. Monday thru Friday and between 8:00
A.M. and 5:00 P.M. on Saturday and Sunday; and in commercial areas except between 6:00
A.M. and 6:00 P.M. Monday thru Friday and between 6:00 A.M. and 6:00 P.M. on Saturday and
Sunday. Subsection C of that section states that the limitations may be waived by the Board of
Trustees by resolution for work undertaken by any public body or agency for the benefit of the
A�n
I -88 Finley - Rt 83 night work pbt doc
public and that the Board may attach to any such waiver all conditions it deems necessary to
protect the public health, safety or welfare.
It is our understanding that night work is required since a Tollway lane closure would only be
permitted during night hours. A crane will pick up the noise wall panels from flat bed trucks and
install them into the vertical braces along the right -of -way. They anticipate accomplishing about
200 feet of wall per night. Since only a crane and trucks are involved during winter months
when resident's windows are closed, staff does not object.
Recommendation:
Staff recommends that the Village Board approve of the Tollway and its contractors performing
this night work.
I -88 Finley - Rt 83 night work pbt doc
RESOLUTION 2008 - ISTHA -R -1005
A RESOLUTION AUTHORIZING EXTENDED
WORK HOURS ON THE 1 -88 TOLLWAY
WHEREAS, the Illinois State Toll Highway Authority ( "Authority ") intends to perform
construction on the 1 -88 Tollway within the corporate limits of the Village of Oak Brook, and
WHEREAS, the Authority proposes to perform some of the work during hours that are
prohibited by Section 6 -1 -2 (Use of Heavy Equipment, Tools; Restrictions) of Title 6 (Police
Regulations), Chapter 1 (Miscellaneous Offenses), of the Village Code of the Village of Oak
Brook; and
WHEREAS, Section 6 -1 -2C of the Village Code provides that the limitations contained in
Section 6 -1 -2 may be waived by the Board of Trustees for work undertaken by any public body
or agency for the benefit of the public; and
WHEREAS, the Board of Trustees has determined that the work to be performed by the
Authority is in the public interest.
NOW, THEREFORE, be it resolved by the President and Board of Trustees of the
Village of Oak Brook, DuPage and Cook Counties, Illinois, as follows:
Section 1: The foregoing preambles are restated and incorporated herein by
reference as though fully set forth herein.
Section 2: Pursuant to Section 6 -1 -2C of the Village Code, the restrictions on the
use of heavy equipment contained in Section 6 -1 -2 of the Village Code are hereby waived to
permit the Authority and its contractors to work nights to install noise wall panels on the 1 -88
Tollway between Meyers Road and Route 83.
Section 3: The waiver provided by this resolution shall expire on April 15, 2008.
Section 4: If any section, paragraph, clause or provision of this resolution shall be
held invalid, the invalidity thereof shall not affect any of the other provisions of this resolution
Resolution 2008 - IDOT -R -1005
Waiver re Work Hours for IL Tollway
Page 2 of 2
Section 5: All resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 6: This resolution shall be In full force and effect from and after its passage,
approval and publication as provided by law.
Ayes:
Nays-
Absent-
APPROVED this 22nd day of January, 2008.
John W. Craig
Village President
PASSED THIS 22nd day of January, 2008.
ATTEST
Charlotte K. Pruss
Village Clerk
A zlhwis ll
January 10, 2008
Mr. Dale Durfey, Jr., P.E.
Village Engineer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
The Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, Illinois 60515 -1703
6301241 -6800
Fak. 630/241 -6100
T.D.D. 630 1241 -6898
Road Conditions: 1- 800 - TOLL -FYI
www.illinoistollway.com
RE: Contract 1 -06 -5519
Advance Sound Wall Work and IL Route 83 Bridge Rehabilitation
Ronald Reagan Memorial Tollway (I -88)
M.P. 131.9 to M.P. 137.2
Waiver Request for Use of Heavy Equipment During Evening Hours
Dear Mr. Durfey;
k'F 4
'31N 1 4
The Illinois Tollway respectfully requests a waiver from the Village of Oakbrook Board of
Trustees of Ordinance 6 -1 -2: Use of Heavy Equipment, Tools, to allow use of "heavy equipment"
between the hours of 7 :00 p.m. to 5:00 a.m. on consecutive Monday through Thursday evenings
and between the hours of 8:00 p.m, to 5:00 a.m. on Sunday evenings. The Contractor is
requesting to utilize a crane during the overnight hours to install pre -cast panels for the sound
walls south of 1 -88 eastbound between Meyers Road and Midwest Road. This request is being
made to allow the Contractor to safely and efficiently install the wall panels under a single lane
closure on eastbound I -88. This work is scheduled to commence January 23, 2008 for an
approximate five week duration. Allowance of a waiver will expedite the completion of the sound
wall. In addition, the Illinois Tollway requests a similar waiver for use of "heavy equipment" to
install noise walls south of I -88 between Midwest Road and Illinois Route 83 for an approximate
one month duration in March 2008.
Please consider this waiver at your next Village Board meeting scheduled for January 22, 2008.
Should you have any questions regarding this waiver request, please feel free to contact the
Tollway Project Manager, Eugene Kim, at 630 -241 -6800 x3849.
Sincerely,
Paul D. Kovacs, P.E.
Chief Engineer
PDK/elk
attachments
Cc: Richard ilburn, Peter McDonough, Eugene Kim, Greg Jurewicz (HLC)
LT Tollway PDK_55190rdinanceWaiverRequest _01102008
IF
Ci i It; I t Ij
WWI C, RIM50
CONTRACTORS
January 14, 2008
Homer L. Chastain & Associates, LLP
8609 Bryn Mawr
Suite 204
Chicago, IL 60631
Attention: Mr. Gregory Jurewicz, R.E.
f�
JAN 14
Re: ISTHA Contract I -06 -5519
Subject: Night Time Lane Closure Request on I -88 EB from Meyer Rd to Midwest Rd.
and from Midwest Rd to Rt. 83 for Purposes of Setting the Precast Noise Wall
Panels
Dear Mr. Jurewicz,
This letter serves as Herlihy's request to the Tollway for a waiver of the night -time work hours
in the Project Specifications for the above referenced project so that we can install the precast
noise wall panels at night.
Herlihy is scheduled to set the wall panels for Noise Wall #3 and #5 very soon and the safest
means to accomplish this task is by using a crane to lift the panels off the delivery trailers from
the Tollway's Lane 3 and right shoulder. This installation procedure is due to serious access
restrictions from Meyers Rd. to Midwest Rd. for Noise Wall #3 and from Midwest Rd. to Rt. 83,
namely, the steep slope of the embankment, the drainage ditch and the wetlands. It is simply too
dangerous to lift the panels from the shoulder alone and it is in the best interests of all parties that
we work together to create a safe and efficient work zone for the protection of our workers and
the public traveling along I -88 EB.
For Noise Wall #3 Herlihy requests a night time lane closure of Lane 3 on I -88 EB between
Meyer Rd. and Midwest Rd. for a period of 20 to 30 days on consecutive Monday through
Thursday evenings from 7:00 p.m. to 5:00 a.m. and Sunday evening from 8:00 p.m. to 5:00 a.m.
commencing as soon as we can jointly schedule the operation.
Herlihy also requests a night time lane closure of Lane 3 on I -88 EB between Midwest Rd. and
Rt. 83 for a period of 20 to 30 days on consecutive Monday through Thursday evenings from
7:00 p.m. to 5:00 a.m. and Sunday evening from 8:00 p.m. to 5:00 a.m. commencing as soon as
we can jointly schedule the operation.
1306 MARQUETTE DRIVE ROM EOVILLE, ILLINOIS 60446 -1026 630 -378 -1000 FAX 630- 378 -1001 e-mail info @herlihy -mid- continent com
Thank you in advance for your anticipated cooperation and helping us make continual progress.
Very truly yours,
William Gerard, PM
6 -1 -2: USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS:
Except as provided in subsections B, C and D of this Section, no person or entity may use "heavy
equipment" in residential areas except between seven o'clock (7:00) A.M. and six o'clock (6:00)
P.M. Monday through Friday and between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M.
on Saturdays and Sundays; and in commercial areas except between six o'clock (6:00) A.M. and
six o'clock (6:00) P.M. Monday through Friday and between six o'clock (6:00) A.M. and six
o'clock (6:00) P.M. on Saturdays and Sundays; provided, however, that such equipment shall not
be used at any time on Federal holidays. For purposes of this Section, "heavy equipment" shall
mean bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earth
movers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks,
demolition balls, power shovels, trucks, and power equipment on wheels or traction chains, or
other similar equipment, but shall not include garbage trucks, which are governed by separate
agreement within the Village.
A. Other Tools: Tools other than heavy equipment may be used at any time within a fully
enclosed structure; any use of such tools outside a fully enclosed structure shall be
prohibited between the hours of eight o'clock (8:00) P.M. and eight o'clock (8 :00) A.M.,
except as provided in subsections B, C and D of this Section.
B. Emergencies: The limitations stated in this Section shall not apply in any situation which
requires heavy equipment or other tools in emergencies to assist or avoid a problem related
to health or to safety of persons or property, or to sewer, water, power, utility, or telephone
interruptions.
C. Work By Public Agencies: The limitations stated in this Section may be waived by the
Board of Trustees by resolution for work undertaken by any public body or agency for the
benefit of the public. The Board of Trustees may attach to any such waiver all conditions it
deems necessary to protect the public health, safety or welfare.
D. Waiver: The limitations stated in this Section may be waived by the Village Manager in
areas of the Village zoned for nonresidential uses pursuant to the Village zoning ordinance;
provided, however, that no such waiver shall be granted unless the Village Manager finds
that:
1. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is
granted; and
2. The granting of a waiver will not cause a substantial or undue adverse impact upon
adjacent property or upon the public health, safety and welfare.
The Village Manager may attach to such waiver all conditions he deems necessary to protect
r
the public health, safety or welfare.
E. Building Permits; Work undertaken pursuant to any permit issued by the Tillage shall be
subject to the provisions of this Section. (Ord. G -577, 10 -22 -1996)