Fax regarding concerns with contract addendum, September 2002

NYC 9/11 Public Portal Document

ENV Ca^’LiPM-CE fax:171859E4422 Sep 5 2002 16525 P.02

’ V « ill '/utltAl •C- V-'i <•- .ADDENDUMNo. 5

ADDENDUM TO CQKTRACT NO. WTC-AMB, by and between The City of New York (the *Crty*). acting by and through Ihc New York City Department of Eovironine^.ial Protection •3^' and Cole Consulting ("Contractor"). \ .. .1 .7'/

Supply and Semce Agreement , C>- • . ’' • , 'V’

I Article 6.5: ADD new Paragr8.ph.C,.as follows^*../ , l.;- , , . 'j'’- , V •, A \ r." ' C, The Contractor shall be obligated to pay, satisfy end discharge an/claims for theft, ■' .'ci ■ V» ' disappearance, desCucrion of or damage to personal property made by the oumfers of buildings whore work is being performed by the Contractor, and/or by the owncrs/occupants of apartments where w^ork. is being performed by the Contractor, to the extent such claims arc.not otherwise ' '' ' covered in fall by the proceeds of insurance maintsined by the Contractor with respect to_the performance of work hereunder. » V, । •. \.--

-As security fo: the faithful performance by the Contractor of the foregoing ob'iAgatJoi^''’5>.< " DEP is hereby authorized, in addition to the ten percent ()0%) retaiiiagc referred to in Paragraph B above, to deduct and retain a further five percent (5’4) of the vdue of ail work certified tor payment in each partial payment voucher. The additional 5% retainage shall continue to be made up to an aggregate total of 575,000. AU monies deducted and retained by DEP pursuant to this Paragraph C may be aj^plied by DEP, in its .sole and absoluw di-scrclion, to pay, satisfy and ■f> discharge, any yuch claims, if such claims an- not otherwise paid, satisfied or discharged by the Contractor within 30 days after demand by DEP, If at any time, because of payments made by «-••• I DEP out of such monies for such purpose, a total of less than 575,000 is available to pay, satisfy or discharge such claims, DEP is hereby authorized to resume deducting and retaining a fuiiber five percent of the value of all work certified for paysment in each partial payment voucher, the trnml being that a, fluid of 57,5,000 shall always be available to DEP as security for the faithful performance by the Contractor of the obligai.ion under thi.s paragraph.

DEP is aucho.Hzed to continue using any monies deducted and retained pursuant to this Paragraph C to pay, safisfy and discharge such claims for a period of three (3) nionth.s after completion of all work hereunder. Upon the ex})iration of three (3) month,? after completion of all work assigned under this Contract, DEP shall refund any remaining portion of the monies deducted and rciained pursuant to this Paragraph C to the Contractor, . A 2. ADD a new Article 26, as follows:

Article 26, Waiver of Right lo Assert Mechanic’s Liens.

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