DEP letter on WTC dust cleaning program security, Sep 2002

NYC 9/11 Public Portal Document

NYC DEP Fax:212-669-4023

Tr'ansml-t ConE. Repon± I I P.l Sep 5 2002 14:54 Location Mode Start Time Page Result Note 96375024 NORMAL 9/ 6.14:54 1’08“ 2 vOK •

September 6,2002 I I Hon. Jane Kenny i Regional Administrator * ’•>? ’ ■ United States Environmental Protection Agency, Region H 290 Broadway New York, New York 10007 I Re: United States Environmental Protection Agency (USEPA.) / ■’A. . City of New York (City) / New York City Department of f ’ . ■ •• Environmental Protection (DEP) / USEPA World Trade I 4 4 Center Indoor Dust Cleaning Program (Program) ) .'.'I-.5

>*• Dear Jane;

As we discussed yesterday, in order to expedite moving ahead with I I ■‘M. the Program, we are asking the selected contractors to provide additional I : • ’* security to protect the interests of USEPA and the City against claims 'Ue: ■ stemming tom alleged theft, damage or destruction of personal property ..r— - -iJ*' * by contractor personnel. In addition to maintaining an insurance policy against employee dishonesty, the contractors will be required to authorize I DEP to deduct and retain additional retainage (above and beyond the standard 10% contract retainage) as security for the contractors’ obligation to pay and satisfy all such claims. In the case of air monitoring ) 1 contractors, the additional retainage will total $75,000 per contractor; in the case of cleaning contractors, it will total $ 100,000 per contractor. We have been advised by Brad Gair of the Federal Emergency Management I Agency (FEMA) that he concurs in this approach. I I In order to implement these measures, we agree that ail claims for I theft, damage or destruction of personal property asserted by building owners/aparfcment owners with respect to work under the Program should be directed to the contractor with a copy to DEP (Attention; Virginia Smjih), and we agree that USEPA’s project completion form to be e.xecuted by individual building owners/apartment owners upon Af work should instruct the owner to forward any such claims I I