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 for it. The claims performed this work as directed and Termon perform, base contract work Termon was directed toybilled relate to the additional work that retainage that has been withheld. which has not been paid and for the of the following: Termon requests a determination by you

1. Contract Billings--$85 653.88 Termon billed for certain work it During the course of the project, was has yet to be paid. After the work performed and which was approved, but which which resubmit these invoices to the EPA completed, the DEP instructed Termon to 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

Amount 1)escn .Iv!. Invoice No. E end Avenue 385 So ot m 011 $19,795.00 leanin of HVAC systems at 022 $39,811.87 ..artment cleanin 5162 022 $ 1,287.80 ommon space cleanin $ 4,062.89: artment cleaning • 024 . 024 $14,588.50 ommon s ace cleaning $j,59.92 artment cleanin 025 06 and 018 Various $ 3,447:9 ' - artment cleaningInvoices A a Total: 2ta~.gs 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 Article 6.5 ofthe Contract provides work that the substantial completion of the work." That has occurred, as a City "until any have not been instructed to perform was ordered has been :completed and we 2003. additional work since approximately May;