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

NYC 9/11 Public Portal Document

r October 28, 2004

Stephen A. Stallings, Esq. IsOV -3 P 3-53 ; Sacks Montgomery, P.C. ' ;department 6f, 800 Third Avenue ENVIRONMENTAL . ,>^PROTECTiON5?“ ' ; New York, New York 10022 "a.."

’ ‘ ^59-17 Junction Boulevard , ..i , Flushing,-New York'‘11373 \ D„. Termon Construction, Inc. . Notice of Dispute Contract WTG-ARD !,/Commissioner *1;

Emergency World Trade Center Indoor Air Remediation Quadrant D, Manhattan

By letter dated August 9, 2004, Termon Construction, Inc. (“Termon”) presented Pp Notice of Dispute, pursuant to Article 19 of the New York City Standard i ' -Fi^st Deputy*/f 3 ’ Construction Contract. The Dispute sets forth seven categories of work for which ?$>?Cominissi^er^3p. Termon believes it should be paid, some of which Termon contends is “extra ; ■ >^4^ 'is? PI work.” In the Notice of Dispute, Termon requests that all correspondence related ^Tel; (718) 595-6576 ' 7 - to this matter be forwarded to your attention. As I have been designated by ' p' i Commissioner Christopher O. Ward to render the Agency Head’s decision on 1 Disputes, your Dispute was routed to me. .«s rx-. f By way of background, it is important to note that while your client did enter into, 3i a Contract with the New York City Department of Environmental Protection, that Contract made clear that any and all services were to be directed by the United "PXPkSi C States Environmental Protection Agency (USEPA) and as such, all work and invoices had to be approved by USEPA. The NYCDEP was acting as a conduit administering payments, as the Contract funds were paid by the Federal W. wWW Emergency Management Agency (FEMA). The work performed under the ^*7 W Contract itself was supervised by USEPA, with USEPA certifying the work and approving the invoices, which were then sent to NYCDEP to effectuate payments. 2*; It rnust be further noted that although there were four air remediation contracts let quadrant). Termon is the only Contractor to present the argument that Contract work is actually “extra work,” requiring payment of additional & Y' \ -- Y ' -i? ‘ XV ST‘fe‘„s, ■', funds 1UI1U3.

3'3”’JC" . ft 2^ " a 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 (6) Removal and Disposal of Wall-to-Wall Carpeting.

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NYC-WTC_000153564