Tr'ansml-t ConE. Repon± I
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P.l
Sep 5 2002 14:54
Location Mode Start Time Page Result Note
96375024 NORMAL 9/ 6.14:54 1’08“ 2 vOK
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September 6,2002
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Hon. Jane Kenny i
Regional Administrator
* ’•>? ’ ■ United States Environmental Protection
Agency, Region H
290 Broadway
New York, New York 10007
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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
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Center Indoor Dust Cleaning Program (Program) )
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>*• Dear Jane;
As we discussed yesterday, in order to expedite moving ahead with I
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■‘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
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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
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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 )
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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
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Agency (FEMA) that he concurs in this approach. I
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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
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NYC-WTC_000151491Source: NYC Law Department, mirrored locally