NYC 9/11 Public Portal Document
-<vNYC DEP Fax:212-669-4023
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Sep 6 2G02 14:54
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96375024 NORMAL 9/6,14:54 1’08" 2 *0K
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September 6, 2002
Hon. Jane Kenny
Regional Administrator
United Stales Environmental Protection
J/ri, Agency, Region II
290 Broadway
New York, New York 10007
Re: United States Environmental Protection Agency (USEPA) /
City of New York (City) f New York City Department of
Environmental Protection (DEP) / USEPA Vv orld Trade
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Center Indoor Dust Cleaning Program (Program)
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• V * ’ . f-' i Dear Jane;
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As we discussed yesterday, in order to expedite moving ahead with
the Program, we are asking the selected contractors to provide additional
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security to protect the interests of USEPA and the City against claims
S'*. . stemming from alleged theft, damage or destruction of personal property
by contractor personnel. In addition to maintaining an insurance policy
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against employee dishonesty, the contractors will be requited to authorize
-US DEP to deduct and retain additional retainage (above and beyond the
standard 10% contract retainage) as security for the contractors’ obligation
rift'* to pay and satisfy' all such claims. In the case of air monitoring
■’■ri ri- t!/, ^contractors, the additional retainage will total 5^5.000 per contractor: in
the case of cleaning conlTacrors, it will total SI00,000 per contractor. We
0,, -’.f . have been advised by Brad Gair of the Federal Emergency Management
ft fi *t ■* Agency (FEMA) that he concurs in this approach.
In order to implement these measures, we 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 tlie contractor with,a copy to DEP (Attention: Virginia
Smyth), and we agree that USEPA’s project completion form, to be
e.xecuted by individual building owners/apartment owners upon
comoletion of work should instruct the owner to forward any such claims
NYC-WTCl_000154055 I
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