Comments on Scope of Work draft for WTC cleaning contract,

NYC 9/11 Public Portal Document

Accordingly, it is hereby agreed by the Contractor and the City that proper performance of the contract work within the time frames set forth herein is material, and in view of the difficulty of adequately ascertaining the losses or damages which the City would suffer by reason of Contractor’s delay or failure to do so perform services hereunder, it is further agreed that liquidated damages shall be due and payable to the City by the Contractor as set forth herein. Such liquidated damages shall not be deemed a penalty. Such liquidated damages may be assessed by the City for Contractor’s >elay or failure to properly perform even in the event of any ensuing termination by the City or cf abandonment by the Contractor.

Such liquidated damages in the Amount set forth in Schedule “A” may be assessed by the City with respect to each instance where the contractor fails to meet the turn-around times for analyses.

Liquidated damages received by the City hereunder are not intended to be nor shall they be treated as either a partial or ftill waiver or discharge of the City’s rights to indemnification or of the Contractor’^; obligation to indemnify the City, or to any other remedy provided for by contract or by law.

TASK 4.0 - ANCILLARIES

Suitable sampling kits, cleaned by established procedures, as that in the DEC'S CLP SOW, and accompanied by the required sampling labels and seals, preservatives and/or stabilizers, and! packed in containers capable of withstanding a round trip by commercial courier service, must be supplied by the laboratory if requested by Department.

All samples and extracts are to be held for a minimum of ninety (90) days after receipt of the written report by DEP. Such costs are within the unit prices bid. In addition, the Department may submit some samples in duplicate, with only one portion to be analyzed and the other , portion to be held for possible ftiture use. The cost of storage of these duplicates or of other samples beyond the ninety (90) day period is provided for in Item #361 of the bid.

TASK 5.0 - RESULTS AND BILLING

Analytical results may be telefaxed to the DEP within the turn-around time limit. Unless the Department notifies the laboratory that it is required sooner, the full report package may be received up to seven days after the turn-around time limit. The report will include methods used, analytical results, detection limits for those parameters, QA/QC data which support the accuracy of the results given, and a copy of the chain of custody. Charts, instrument outputs, etc., from which the data are derived will not be req-^eu unless specifically requested. In the report, tue samples must be identified by DEP sample numbers given. All abbreviations used in a report must be explained in the report. If requested by the Department, a copy of the laboratory results will be sent to a hazardous waste transport, storage or disposal facility.

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