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Memo regarding insurance requirements for exterior clean-up contracts, May 2002

Machine-extracted title · confidence 95%

DEP memo confirms no change order is needed to increase insurance requirements for exterior cleanup contracts.

NYC-WTC_000152934–000152938
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NYC 9/11 Public Portal Document

I

Avaltroni, Robert From; Schiano, Frank Sent: Friday, December 20, 2002 3:05 PM To: Hoffer, Mark Cc: Avaltroni, Robert: Gilsenan, Michael; Radhakrishnan, Krish; Pecunies, Russ Subject: RE: Criteria for Cleaning Requests

I spoke to Larry and he indicated that he thought OMB would negotiate with FEMA, so there is presently nothing for us to do except ensure that DEP acts in accordance with the approach outlined in his E-mail and refrain from getting involved with certifying that a particular premises is contaminated and in need of remediation. ---- Original Message----- From: Hoffer, Mark Sent: Friday, December 20, 2002 12:46 PM To; Schiano, Frank Subject: FW: Criteria for Cleaning Requests

Can you call Larry and see what (if anything) he wants us to do? Thanks. —Original Message----- From: Kahn, Lawrence [mailto:[email protected]] Sent: Thursday, December 19, 2002 5:55 PM To: 'Levine, Michele' Cc: '[email protected]' Subject: RE: Criteria for Cleaning Requests

The Law Department is concerned that DEP certification that a facility is contaminated at a hazardous level will be used as evidence against the City in actions alleging that the City acted improperly in permitting continued occupancy or reoccupancy of the facility. Accordingly, we would strongly urge that # 2 of the proposed protocol be omitted. The EPA should satisfy itself through means independent of the City that the facility is contaminated at a hazardous level and in need of remediation. Alternatively, and only if that course is rejected, we would suggest that the certification be made by an independent contractor retained by the City. And, as a last resort if necessary, we could certify that based on test results submitted to DEP, the facility is in need or remediation.

—Original Message— From: Levine, Michele [mailto:[email protected] ] Sent: Thursday, December 19, 2002 5:44 PM To: Kahn, Lawrence at LAWLAN Subject: RE: Criteria for Cleaning Requests

Thank you. -----Original Message----- From; Kahn, Lawrence at LAWLAN Sent: Thursday, December 19, 2002 5:17 PM To: Levine, Michele Cc: Mark Hoffer (E-mail) Subject: RE: Criteria for Cleaning Requests

The FEMA policy is unacceptable. We will get you alternative language shortly. -----Original Message----- From: Levine, Michele [mailto;[email protected]] Sent: Thursday, December 19, 2002 3:30 PM To: Kahn, Lawrence at LAWLAN Cc: Larson, Bud Subject: FW: Criteria for Cleaning Requests

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NYC-WTC_000152934Source: NYC Law Department, mirrored locally

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