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Fax cover sheet with report transmission, Sep 2002

Machine-extracted title · confidence 100%

Fax cover sheet dated September 6, 2002, transmitting a report to the USEPA Region II office regarding WTC dust cleaning.

NYC-WTC_000154054–000154055

Folder label: “WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

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NYC 9/11 Public Portal Document

-<vNYC DEP Fax:212-669-4023

Tt~ansmi±. Con ri. Repo r-Y

P. 1 Sep 6 2G02 14:54 Location ■ ■ Mode Start Time Page Result Note 96375024 NORMAL 9/6,14:54 1’08" 2 *0K T/RTt-' ’ r

CL-.' a 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 -'3 ■ »< Center Indoor Dust Cleaning Program (Program) -ri 'ri' v; • V * ’ . f-' i Dear Jane; r< 'C * p

As we discussed yesterday, in order to expedite moving ahead with the Program, we are asking the selected contractors to provide additional * - '■ * J 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 , 'Y, 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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NYC-WTC_000154055Source: NYC Law Department, mirrored locally

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