Unreadable document excerpt from DEP Box 56 Athena D Terms

NYC 9/11 Public Portal Document

r Commisioner Christopher O. Ward, August 9, 2004 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 billed for it. The claims herein Termon performed this work as directed and subsequently directed to perform, base contract work relate to the additional work that Termon was 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 Termon did by letter dated ril 8, . Since that e, Terinon has ot received ~amounts claimed ha e been any that the written reply though it has bAeen told repeatedly p~ claimed are as follow: reviewed by the EPA and will be paid. The amounts

Invoice No. Amount Des< $19,795.00&1eleaning VAC at 385 South End Avenue 011 022 $39,811.87 partmentc1eaflin 022 $ 1,287.80 space cle 024 $ 4,062.89 partment leanin 024 $14,588.50 cle 025 $ 2,659.92 leanin leanin 006 and 01 Various $ 3,447.90

Total: I $85,653. I 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 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 occurred, as work that City "until the substantial completion of the work." been~iitistr~ucted to performl any was ordered has been completed and we ah ve not additional work since approximately May, 2003.

NYC-WTC 000135978