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Payment Application No. 023 for WTC ARD, July 2003

Machine-extracted title · confidence 95%

Contractor invoice application billing for cleaning of through-the-wall HVAC units under negotiated unit prices.

NYC-WTC_000136075–000136108

Folder label: “Athenica D Terms

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NYC 9/11 Public Portal Document

TERMON CONSTRUCTION INC. 388 Third Ave. Brooklyn, NY1 1215 (718)694-0900 July 29, 2003

Mr. Eric Wilson USEPA 290 Broadway 17th Floor New York, NY 10007

Re: WTC-ARD Payment Application 023

Dear Mr. Wilson,

Enclosed please find our Application for payment No. 023. This invoice represents billing for "through the wall HVAC units" cleaned in conjunction with the apartment cleaning.

TCI originally began billing for these units on our first invoice, but was directed by you to remove any reference to these units. At that time we revised our billing, but reserved our right to bill for them in the future.

It is TCI's position that the cleaning of these units is not within the price for a Scope A cleaning and that HVAC cleaning is compensated separately under the negotiated unit prices for HVAC cleaning. The unit price schedule for HVAC has a line item of $500.00 per unit, for "through the wall HVAC units" which is the unit price we have applied.

Be advised, that these units are not window air conditioners; they have heating, ventilating and air conditioning components. These units are typical of all buildings in Quadrant D (Battery Park). Mat buildings have one (1) more "through the wall HVAC unit" per apartment than the number of bedrooms, however certain buildings, such as 70 Battery Place, have 2 more than the number of bedrooms. TCI has only billed for I more than the number of bedrooms in all cases.

These units are clearly HVAC units (not window a/c units) and have been identified by Athenica, Duct Dusters, TCI, SSC, DEP and EPA as such. There is an associated unit price for cleaning of these units which has been applied in the course of this contract.

Please contact my office, if you need any additional information necessary to expedite payment of our invoice.

Very Truly Yours,

Thomas Heavey Termon Construction Inc.

Cc: John Tancredi Krish Radhakrishnan

NYC-WTC 000136075

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NYC-WTC_000136075Source: NYC Law Department, mirrored locally

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