Unreadable document excerpt from DEP Box 56 Athena D Terms

NYC 9/11 Public Portal Document

July 9, 2003

Mr. Thomas Heavey Termon Construction Inc. 388 Third Avenue Brooklyn, New York 11215 59-17 Junction Boulevard flushing, New York Dear Mr. Heavey: 11373-5108

This is in response to your correspondences regarding your additional costs incurred during the performance of work under Project WTC-ARD. Christopher 0. Ward Commissioner In your correspondences dated April 7, 2003 and May 2, 2003, you refer to additional costs incurred due to disposal of large items. In accordance with the contract specifications in Scope of Work A, "owners and/or residents could identify and tag certain furnishings (e.g. carpets and fabric covered furniture) for disposal rather than cleaning." Further, the next line item indicates, "the disposal of all wastes generated during the cleaning is the responsibility of the contractor". Therefore, the disposal of items is within the scope of the contract and is not an additional item or a change in the item.

In your correspondence dated May 2, 2003, you refer to the frequency and distribution of apartments and request a change order where work was not performed. The contract did not specify the location of daily work within the delineated areas and specifically indicated in the contract term section that the NYCDEP and USEPA "reserved the rights to assign work outside the delineated areas". Clearly, this does not provide an indication that work was to performed within the same building on any given date. The specifications for the contract set out minimum staffing levels for qualified bidders to successfully complete the required work within specified timeframes. The amount of work to be assigned was not guaranteed and this information was conveyed during the pre-bid meeting.

In your correspondence dated May 22, 2003, you requested reimbursement of insurance costs. Your request was reviewed by DEP General Counsel, who has determined that the insurance requirements of the contract were not based on the number of apartments cleaned, and were included in the bid documents. Therefore, no reimbursement can be made at this time.

If you require any additional information, please let me know.

Sincerely,

cm °Ep~ry~ • Virgi Smyth D ow 4 Bureau Chief Contracting Officer

www.o c.gov(dep

(718) DEP-HELP

NYC-WTC 000135983