Environmental monitoring correspondence regarding remediation contractor, March 2003

NYC 9/11 Public Portal Document

THACHER ASSOCIATES on employees reportedly not paid, were made, and in some instances resulted in the employee being paid twice for the same work performed. Also, payroll corrections resulting in back-out adjustments appear to be consistently excluded from the project totals.

i. Safeway invoiced for clerical services performed at the project site. In accordance with the DDC policy, clerical services are part of the Contractor’s overhead. This issue resulted in project over billing in the amount of $5,538.58.

j. Safeway invoiced for supervisory personnel (other than licensed Asbestos Supervisors) who, in accordance with DDC’s policy, should be billed to the Contractor’s overhead. This resulted in an overcharge of $113,656.19.

k. Safeway invoiced for drivers who delivered materials to the site. TA interprets DDC’s policy to require that delivery of materials to the site i.s part of the Contractor’s overhead. This resulted in an overcharge of $5,332.06.

1. Certified payroll, initially certified on various dates by Mr. Wolfman, was modified and re-certified by Mr. Wolfman on October 8, 2002, and provided to TA as support documentation. This modification (reflecting reduction of employee hours billed to the project and union rates) and re-certification of the payroll raises the issue of credibility and validity of the certified payroll.

Materials

TA reviewed back-up documentation pertaining to materials purchased and invoiced to the project. Due to the complexity of the project, retroactive tracking of the used materials is difficult, if at all possible. TA did, however, review the rates charged and was able to determine that Safeway’s charges appeared to be reasonable.

Safeway invoiced the project for laboratory analysis performed by ATC Associates, Inc. The laboratory analysis represents samples collected by Safeway personnel, allegedly to comply with OSHA regulations related to worker exposure. The project administration coordinated and implemented an extensive worker protection and monitoring program for all personnel employed on the project. Due to this initiative, TA is of the opinion that the additional sampling performed by Safeway is redundant and should not be invoiced to the project. In addition, in response to TA’s inquiry, Safeway provided extensive documentation of field data sheets and sample analysis. Our analysis of the provided documentation revealed that Safeway collected and had analyzed more samples than invoiced to the project. Furthermore, records indicate that samples were collected on personnel that, according to the daily time sheet and certified payroll report, were not at the site. This discovery further substantiates TA’s concern with regard to invoicing private work to the WTC disaster project.

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NYC-WTC_000174296