Unreadable document excerpt from DEP Box 56 Athena D Terms

NYC 9/11 Public Portal Document

J Commisioner Christopher 0. Ward August 9, 2004 Page 3 I Moreover, while Article 5a of the Contract allows the Commissioner to amount was required to be retain from Termon's final payment a sum as security, that I fixed in the Contract's specifications. No such sum was ever fixed. Therefore, especially clear that no money was in light of the type of work performed under the Contract, it is I intended to be withheld. total It is Termon's understanding that the approved contract billings $213,800.57 in retainage. $2,138,005.65. Based on that amount, the DEP is holding I While a final accounting of the approved contract billings needs to withhold be conducted to verify 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 Work on With the Invitation to Bid, the contractors were given a Scope of the Contract's Scope which to base their bids. For ease of reference, a separate copy of meeting, mandatory pre-bid of Work is annexed hereto as Exhibit B. While there was a contingencies of the no site inspection was allowed nor was it possible due to the the information situation. As a result, the bidders were forced to rely exclusively on Scope of Work, in contained in the Scope of Work provided to them. The Contract's obligated to perform. fact, omitted a significant amount of work that Termon was accumulations Scope of Work A concerned "the cleaning of minimal dust systems and (c) in the (light coating)" in (a) common spaces, (b) in the buildings' HVAC conditioning units in residential residential spaces. With regard to heating and/or air clean the apartments, the Scope of Work only required Termon to remove and work" "[i]ntake/discharge registers of HVAC systems", to vacuum the "first foot of duct emphasis added) and to remove and of the HVAC systems. (Scope of Work A, ¶3.h, ¶3.i). This was the vacuum "[w]indow and room air conditioners" (Scope of Work A, systems which was a part of extent of the cleaning of any of the mechanical appliances or the Scope of Work provided prior to bid. window air Upon commencing work, it was discovered that besides the HVAC through- conditioners and HVAC registers, the apartments contained individual not mentioned in the Scope wall units. The necessity of cleaning these types of units was performed its where Termon of Work for the Contract. Every apartment in Quandrant D bedroom and at least one work contained at least two of these HVAC units—one in each based on the number of unit in the living room/dining room. Termon's claim is room area. For bedrooms in each apartment plus one unit for the living room/dining units. For a for two HVAC example, for a one bedroom apartment, Termon is claiming units. two bedroom apartment, Termon is claiming for three HVAC window air While it may be argued that there is no difference between the they are, in fact, conditioning units specified in the Scope of Work and the HVAC units, work to clean. significantly different and required significant amounts of additional

NYC-WTC 000135979