Unreadable document excerpt from DEP Box 56 Athena D Terms

NYC 9/11 Public Portal Document

7-1] • Commisioner Christopher 0. Ward, August 9, 2004

-0_ Page 2 under the circumstances existing at that the private residential spaces, was not possible time. was required due to During the Contract, significant additional cleaning disclosed to the bidders. furnishings and mechanical systems which had not been subsequently billed for it. The claims herein Termon performed this work as directed and to perform, base contract work relate to the additional work that Termon was directed been withheld. which has not been paid and for the retainage that has

Termon requests a determination by you of the following:

1. Contract Billings--$85.653.88 certain work it During the course of the project, Termon billed for paid. After the work was performed and which was approved, but which has yet to be invoices to the EPA which completed, the DEP instructed Termon to resubmit these time, Termon has not received any Termon did by letter dated April 8, 2004. Since that amounts claimed have been written reply though it has been told repeatedly that the claimed are as follow: reviewed by the EPA and will be paid. The amounts

Invoice No. Amount LW~• - ••~-- 011 00 leaning of HVAC systems at 385 South End Avenue 022 87 partment cleaning 022 80 common space cleaning 024 89 ½partment cleaning 024 50 ommon space cleaning 025 92 partinent cleaning Various M,44 9 90 partment cleaning voices 006 and 018)

Total: 88 amounts. This was Contract There is no basis for the DEP to not pay these that it be awarded $85,653.88. work which has been approved. Termon requests

2. Contract Retainage--$213.800.57 pursuant to the terms of On all contract payments, retainage was withheld the Contract. retainage will be held by the Article 6.5 of the Contract provides that the That has occurred, as all work that City "until the substantial completion of the work." been instructed to perform any was ordered has been completed and we have not additional work since approximately May, 2003.

NYC-WTC 000135978