DEP memo on ULSD legislation press release, March 2002

NYC 9/11 Public Portal Document

conducted another air sample at Fulton and Church (DEP site number 5) starting at 10:08 a.m. (see attachment). Both of these samples took a total of approximately forty-five minutes to perform. These two sites are located more than two blocks away from each other. As a result, an air sample was unmanned at the time of its performance.

This practice is in direct breach of DEP’s scope of work requirements for Riverpoint. Specifically, as part of DEP’s "Bid Sheet/Purchase Order," the terms of the scope of work include, in part, that "each sampling point shall be manned at all times while sampling is in progress" (see attachment, section A3., Scope of Work). In addition, according to Emmanuel Brutus, a DEP employee in the DERTA unit, he informed Riverpoint’s owner, Birger Elvenaes, and Riverpoint’s field technicians, during the first week of the project, that all sampling pumps are to be manned while being run.

It is this office’s recommendation that, due to the emergency nature of this project, that DEP continue to use Riverpoint to conduct the WTC air sampling; however. Riverpoint must be told immediately to rectify the problem regarding the unmanned air sampling locations.

In addition, we recommend that, as a result of Riverpoint’s breach of the scope of work terms, for its work from October 5, 2001 through and including December 18, 2001, that the company not receive the full amount of $1,900 per day, per its original bid. Instead, DEP should determine an equitable or pro-rata share of payment for Riverpoint’s work performed to date.

Finally, our investigation of Riverpoint is ongoing, regarding one of its field technicians, Marek Pawlik. Mr. Pawlik is apparently conducting air sampling for Riverpoint, and is also the laboratory director of Renata Consulting Services, Inc., which Riverpoint has retained to analyze its air samples. Mr. Pawlik is also performing the analysis of the air samples being collected by Riverpoint. This office will keep DEP apprized of developments in the investigation.

If you should have any questions, please contact the undersigned at (212) 442-0198.

Very truly yours,

Sandi Richman Examining Attorney

Attachments

2

NYC-WTC_000147479