NYC 9/11 Public Portal Document
Commisioner Christopher O. Ward.
August 9, 2004
Page 2
possible under the circumstances existing at that
the private residential spaces, was not
time.
cleaning was required due to
During the Contract, significant additional
been disclosed to the bidders.
furnishings and mechanical systems which had not t. The claims
wasubsequently
Termon performed this work as directed t
directed to perform, base contract work
relate to the additional work that Termon
that has been withheld.
which has not been paid and for the retainage
following:
Termon requests a determination by you of the
1. Contract Billings--$85 653.88
for certain work it
During the course of the project, Termon billed
has yet to be paid. After the work was
performed and which was approved, but which
these invoices to the EPA which
completed, the DEP instructed Termon to resubmit
any
Termon did by letter dated April havebeen
written reply though it has been told repeatedly that the amounts claimed
amounts claimed are as follow:
reviewed by the EPA and will be paid. The
Amount iiescri """
Invoice No.
$19,795.00 leaning of HVAC systems at 385 South End Avenue
011
022 $39,811.87 partment cleaning
022 $ 1,287.80 ommon space cleaning
024 $ 4,062.89 partment cleaning
I 024
025
$14,588.50 ommon space cleaning
$ 2 59.92 1partment cleanin
Invoices 006 and 018 F°
Various $ 3,447 4Apartmeflt cleaning
Total: $85,653.88 _344~.9~ _ $ 2 ,ao 5. 98
78. 3 3'1 . ~i-1 ~
these amounts. This was Contract
P There is no basis for the DEP to not pay
work which has been approved. Termon req
uests that it be awarded $85,653.88.
2. Contract Retains a $2i3.80Q57
withheld pursuant to the terms of
On all contract payments, retainage was
the Contract.
retainage will be held by the
Article 6.5 of the Contract provides that the that
the work." That has occurred, as all work
City "until the substantial completion of
have not been instructed to perform any
was ordered has been completed and we
additional work since approximately May, 2003.
NYC-WTC 000135956
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