Unreadable document excerpt from DEP Box 56 Athena D Terms

NYC 9/11 Public Portal Document

SEP Commisioner Christopher O. Ward. August 9, 2004 Page 2

the private residential spaces, was not possible under the circumstances existing at that time. additional cleaning was required due to During the Contract, significant bidders. had not been disclosed to the furnishings and mechanical systems which subsequently billed for claims herein performed this work as directed and Termon The i cla was directed to perform, base relate to the additional work that Termon retainage that has been withheld. which has not been paid and for the of the following: Termon requests a determination by you

i. Contract Billings--$85 653.88 Termon billed for certain work it During the course of the project, work was which has yet to be paid. After the performed and which was approved, but DEP instructed Termon to resubmit these invoices to the EPA which completed, the received any Since that time, Termon has not Termon did by letter dated April 8, 2004. have been repeatedly that the amounts claimed written reply though it has, been told amounts claimed are as follow: reviewed by the EPA and will be paid. The

Invoice No. Amount th End Avenue 011 $19,795.00 leaning of HVAC systems at 385 So 022 $39,811.87 artment cleanin g _287._80 $ 1, ornmon space cleanin 5 162• s 022 $ 4,062.89 artment cleaning 024 . 024 $14,588.50 ommon space cleanin 025 $ 2 659.92 artment cleanin Various $ 3,447:9 artment cleanin Invoices 06 and 018) e a

Total 2ypS'f8 these amounts. This was Contract There is no basis for the DEP to not pay $85,653.88. Termon requests that it be awarded work which has been approved.

2. Contract Retaina~e -$213 800.57 of was withheld pursuant to the terms On all contract payments, retainage the Contract. that the retainage will be held by Article 6.5of th6-Contraet provides wo the d that the substantial completion of the work. That has occurred, as al City "until perform any have not been instructed to was ordered has been :completed and we 2003. additional work since approximately May,