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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)