Bovis to Serve as CM for WTC Site (1/3/02)

By David S. Chartock

Bovis Lend Lease LMB will be the "sole point of contact" for the balance of the cleanup operations at the World Trade Center site, according to industry and government sources.

Beginning January 7, 2002, Bovis, who was negotiating a contract at presstime, will serve as the site's construction manager (cm) for the New York City Department of Design & Construction (DDC).

"The reason for the reduction of construction companies from four to one is due to the reduced amount of work that remains at Ground Zero," a DDC source said. "Surrounding buildings have been secured and a considerable portion of the 16-acre site is cleared or almost cleared of debris, necessitating a reduction in management firms at the site. The complex decisions regarding the future excavation of the site will continue to be made by DDC."

Continuing, the source said that the consolidation of administrative and construction management resources under Bovis is due to the completion in mid-November of Turner Construction Co.'s assigned work.

AMEC Construction Management Inc. and Tully Construction, both of whom have been working for DDC to cleanup the site since the September 11, 2001 tragedy, will continue to work with Bovis as progress on the cleanup moves forward. City officials report that nearly 944,192 tons of debris have been removed as of January 2 and that workers at the site have reached the lobby level where more bodies were found. DDC will continue to manage the project.

DDC sources emphasized that no deal was "brokered" by the Giuliani Administration, DDC and the Office of Emergency Management and that such an assertion would imply "inappropriate conduct, which is incorrect and an insult.

"The concerns guiding the cleanup were and continue to be the dignified removal of remains while expeditiously removing debris at the lowest possible cost to the taxpayer," the DDC source said.

The move to a single point of contact is not a new one. Late last year, Bechtel tried to put together a similar deal with the DDC, but the problem regarding indemnification became an issue, industry sources said.

The move to a single point of contact is not a new one. Late last year, Bechtel tried to put together a similar deal with the DDC. Industry sources claimed that indemnification became a problem, but Bechtel spokesman Jeff Berger said, "Indemnification was not an issue." Contractors have been concerned that the indemnification language in DDC contracts needs to be changed with regard to emergency response. DDC Commissioner Ken Holden said in an interview shortly after the attacks on the World Trade Center that the issue was being discussed. "I understand the contractors have tremendous concern on the liability end and are having a hard time accepting the standard contract liability provisions. That is why we are continuing to work with the contractors, the city’s law department and DDC to resolve this issue." A DDC source confirmed that the issue is still part of ongoing discussions.

The site is still labeled a "crime scene" and is being treated accordingly, a DDC source noted.

Meanwhile, debate regarding what will replace the buildings destroyed at the site simmered over the Christmas and New Year's holidays. A highly-placed source at the Port Authority of NY&NJ (PA) confirmed that while the PA's Board of Governors will have the final say as to what will be built on the 16-acre site in the future, there is a "very good likelihood" the Board of Governors will approve Larry Silverstein's four-building plan {in which the buildings are no higher than 50 stories} providing his insurance pays for it. "If it's not going to cost the Port Authority a penny," the source said, "there is a good likelihood it will be approved by the board."