Unreadable document excerpt from DEP Box 56 Athena D Terms

NYC 9/11 Public Portal Document

Commisioner Christopher O. Ward August 9, 2004 Page 4

To remove and clean the window air conditioning units simply required Termon's employees to disconnect the power source and remove the unit from the window. This was accomplished by a single employee. The HVAC units, however, required at least two employees to remove it from the wall and the cleaning of additional heating components that were not present in the air conditioning units.

The fact that cleaning these units was considered extra work was recognized by the DEP with regard to the common spaces. Those spaces also contained through-the-wall HVAC units, identical to those contained in the apartments. The DEP ordered Termon to clean these units in the common areas and agreed, in Change Order No. 3 to pay Termon $500.00 for cleaning each of these units. These are identical to the units contained in the residential spaces. There is no valid reason for Termon to have been paid for cleaning these units in the common areas as extra work and not be paid for cleaning these exact same units in the residential apartments.

In total, Termon was required to clean 1,826 through-the-wall HVAC units in the residential apartments. Charts specifying the number of units in each specific building is annexed hereto as Exhibit C. Based upon the agreed rate of $500.00 per unit, Termon is entitled to receive an additional $913,000.00 for this work.

4. HVAC Units At 395 South End Avenue--$6,000.00

As stated above, Termon cleaned the through-the-wall HVAC units in the common areas pursuant to Change Order No. 3. However, the DEP has yet to approve and pay Termon for the 12 units it cleaned in the common spaces of the building at 395 South End Avenue. Termon billed for this work as part of Invoice No. 24. Termon requests that it paid for this work as well.

5. Baseboard Heaters In Common Spaces--$10,575.00

The Scope of Work for the residential apartments clearly states that the cleaning of baseboard heaters is included as part of the Contract. The Scope of Work for the common areas, however, is completely silent with regard to the necessity to clean baseboard heaters. As a result, Termon did not anticipate performing this work in the common areas when it bid this project.

As stated above, during the course of the project, Change Order No. 3 was negotiated, which contained unit prices for work on various HVAC components. As part of that change order, the parties agreed to a price of $25.00 per linear foot for the cleaning of baseboard heaters. Termon cleaned a total of 423 linear feet of the baseboard heaters, resulting in a total of $10,575.00 being owed at the agreed rate.

Again, there does not appear to he a valid basis for requiring Termon to clean these heaters at no cost in the common areas when it is clearly outside the Scope of

NYC-WTC 000135980