NYC 9/11 Public Portal Document
—.■..NYC DEP Fax •'212-669-4023
+ t Tr-onsmit Con-F. Repor^t
P. 1
Sep 6 2002 14.'54
Location •. Mode Start Time Page Result Note
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96375024 NORMAL 9/6.14:54 1’08" 2 * 0 K
September 6, 2002
Hon. Jane Kenny
Regional Administrator
f United States Environmental Protection
■ , • Agency, Region II
290 Broadway
h..'5 New York, New York 10007
•' -V^Av.
Re; United States Environmental Protection Agency (USEPA) /
City of New York (City) / New York City'Department of
Environmental Protection (DEP) / USEPA World Trade
4 (
Center Indoor Dust Cleaning Program (Program)
fane:
)
I As we discussed yesterday, in order to expedite moving ahead with
, rogram, we are asking the selected contractors to provide additional
1
o aty to protect the interests of USEPA and the City against claims
i
2/TVl ming from alleged theft, damage or destiuction of personal property
antractor personnel. In addition to maintaining an insurance policy
hst employee dishonesty', die contractors will be requued to authorize
I ■’ to deduct and retain additional retainage (above and beyond the
■ kD contract retainage) as security for the contractors’ obligation
I
‘ ;4y and satisfy' all such claims. In the case of air monitoring
'tractors, the additional retainage will total 575,000 per contractor; in
------„...icasc of cleaning contactors, it will total $100,000 per contractor. We
have been advised by Brad Gair of the Federal Emergency Management
Agency (FEMA) that he concurs.in this approach.
'■'J
In order to implement these measures, v/e agree that ail claims for
theft, damage or destruction of personal property asserted by building
owners/apartment owners with respect to work under the Program should
be directed to die contractor with a copy to DEP (Attention; Virginia
Smyth), and we agree that USEPA’s project completion form to be
executed by individual building owners/apartment owners upon
comoletion of work should instruct the owner to forward any such claims
NYC-WTC_0b0 154054
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