Invoice or notice re: WTC Air Quadrant D, Oct 2004

NYC 9/11 Public Portal Document

October 28, 2004

Stephen A. Stallings, Esq. o KOV -3 P -PP Sacks Montgomery, P.O. DEPARTMENT OF 800 Third Avenue ENVIRONMENTAL PROTECTION New York, New York 10022 59-17 Junction Boulevard Flushing, New York ' 11373 Re; Termon Construction, Inc. Notice of Dispute Christopher O.Ward Contract WTG-ARD Commissioner Emergency World Trade Center Indoor Air I

Quadrant D, Manhattan I I I Dear Mr. Stallings: I

I I- J By letter dated August 9, 2004, Termon Constructio -E I a Notice of Dispute, pursuant to Article 19 of the N< ! David B. Tweedy' , First Deputy’ * Construction Contract. The Dispute sets forth sevet Commissioner Termon believes it should be paid, some of which 1 ‘ work.” In the Notice of Dispute, Termon requests j i tel.V18) 595-6576 * to this matter be forwarded to your attention. As 11 [ Fax(718)'595-355T Commissioner Christopher O. Ward to render the Agency nc«u-a'ucCiaiwn wii L [email protected] ’ Disputes, your Dispute was routed to me. f i- •- i By way of background, it is important to note that while your client did enter into J a Contract with the New York City Department of Environmental Protection, that I Contract made clear that any and all services were to be directed by the United ; States Environmental Protection Agency (USEPA) and as such, all work and f I invoices had to be approved by USEPA. The NYCDEP was acting as a conduit < for administering payments, as the Contract funds were paid by the Federal Emergency Management Agency (FEMA). The work performed under the i Contract itself was supervised by USEPA, with USEPA certifying the work and approving the invoices, which were then sent to NYCDEP to effectuate . payments.

It must be further noted that although there were four air remediation contracts let " i (one for each quadrant). Termon is the only Contractor to present the argument “ that Contract work is actually “extra work,” requiring payment of additional funds.

1 The Dispute contains several allegations, which shall be dealt with categorically:

(1) Invoices and Retainage; (2) Cleaning of HVAC Units in Residential Apartments; (3) HVAC Units at 395 South End Avenue; (4) Baseboard Heaters in Common Spaces; (5) Additional Insurance Premium; and 3D£P1) (6) Removal and Disposal of Wall-to-Wall Carpeting.

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