Title
143rd Street and LaGrange Road Intersection Improvements - Contaminated Soil - Change Order
History
At the May Committee and Board meetings, an item was prepared, presented and approved which allocated $350,000 for the added costs associated with the discovery, excavation, transport and disposal of contaminated soils found as a part of the watermain relocation project at 143rd Street and LaGrange Road. This amount also included costs associated with the special Viton gaskets and seals required by the Environmental Protection Agency for all pipe joints within areas of known soil contamination.
At the time this Change Order was presented for approval, the contractor (Brothers Asphalt Paving, Inc.) was in negotiations with the landfill operator (Republic Industries) regarding Brothers Asphalt’s ability to be named as the contaminated “soils generator.” The “soils generator” designation is a federally mandated requirement wherein the named generator assumes a certain amount of liability and risk in perpetuity for the material deposited in the landfill should an environmental incident occur that requires remedy. As discussions on this matter progressed, it became clear that Brothers Asphalt would not be able to be named as the “soils generator.” During the discussions, the Village's legal counsel advised that the Village of Orland Park should not consider being named as the “soils generator” due to the associated risk.
Further, during the time that discussions were occurring between Brothers Asphalt and the landfill, staff and our consultants were investigating alternate soils disposal options including on-site thermal remediation, alternate disposal sites and other independent contractors having expertise and capability in the disposal of contaminated soils.
Ultimately, following a series of meetings with Brothers Asphalt, Village management and legal counsel, a decision was reached that removed the need for Brothers Asphalt to manage and dispose of...
Click here for full text