Invoice for WTC-ARD contract services, Aug 2004

NYC 9/11 Public Portal Document

Conunisioner Christopher 0. Ward August 9, 2004 Page 3 Commissioner to Moreover, while Article 5a of the Contract allows the that amount was required to be retain from Termon's final payment a sum as security, ever fixed. Therefore, especially fixed in the Contract's specifications. No such sum was Contract, it is clear that no money was in light of the type of work performed under the N intended to be withheld. billings total It is Termon's understanding that the approved contract $213,800.57 in retainage. $2,138,005.65. Based on that amount, the DEP is holding needs to be conducted to verify While a final accounting of the approved contract billings withhold Termon's retainage. this amount, there is no basis for the DEP to continue to

3. Cleaning of HVAC Units In Residential Apartments--$913,000.00 of Work on With the invitation to Bid, the contractors were given a Scope the Contract's Scope which to base their bids. For ease of reference, a separate copy of pre-bid meeting, I a mandatory of Work is annexed hereto as Exhibit B. While there was contingencies of the no site inspection was allowed nor was it possible due to the exclusively on the information situation. As a result, the bidders were forced to rely Contract's Scope of Work, in contained in the Scope of Work provided to them. The obligated to perform. fact, omitted a significant amount of work that Termon was

Scope of Work A concerned "the cleaning of minimal dust accumulations HVAC systems and (c) in the (light coating)" in (a) common spaces, (b) in the buildings' conditioning units in residential • residential spaces. With regard to heating and/or air and clean the apartments, the Scope of Work only required Termon to remove "first foot of duct work" «[i]ntake/discharge re tsters of HVAC systems", to vacuum the • emphasis added) and to remove and of the HVAC systems. (Scope of Work A, ¶3.h, ¶3.i). This was the Work A, vacuum "[w]indow and room air conditioners" (Scope of or systems which was a part of extent of the cleaning of any of the mechanical appliances the Scope of Work provided prior to bid. the window air Upon commencing work, it was discovered that besides individual HVAC through- conditioners and HVAC registers, the apartments contained was not mentioned in the Scope wall units. The necessity of cleaning these types of units Quandrant D where Termon performed its of Work for the Contract. Every apartment in at least one work c iatieasttwo of these HVAC units-one in each bedroom and based on the number of unit in the living room/dining room. Termon's claim is room/dining room area. For w; , < bedrooms in each apartment plus one unit for the living for two HVAC units. For a example, for a one bedroom apartment, Termon is claiming HVAC units. two bedroom apartment, Termon is claiming for three the window air While it may be argued that there is no difference between HVAC units, they are, in fact, conditioning units specified in the Scope of Work and the additional work to clean. significantly different and required significant amounts of

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NYC-WTC 000135957