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NYC 9/11 Public Portal Document

FRONTIER-KEMPER/DURR/PERINI, J.V. CONTRACT BB-57Q, BOWERY BAY WPCP INTERIM PLANT UPGRADE 416 Fifth Avenue, Pelham, NY 10803 914 738-02801 FAX 914 738-0826

July 14,2011 Letter Serial No. BB-57G-791

Hon. John Lu Comptroller of the City of New York Municipal Building One Centre Street New York, New York 10007

Hon. Caswell F. Holloway Commissioner Department of Environmental Protection City of New York 59-17 Junction Boulevard, 19* Floor Flushing, New York 11373-5108

WP-237 Boweiy Bay WPCP V Interim Plant Upgrading, Phase 1 Contract No. BB-57G, Structures & Equipment Registration #20010011921 Re: Notice of Claim - Storage Coste for FRP Froth Control Hoods 5 Gentlemen,

Pursuant to Article No. 51 (5) (a) of the Agreement, Frontier-KemperZDurrZPerini, J.V. (“FKDP”) hereby submits a Notice of Claim to protest the Final Determination date June 14,2011 (‘Tinal Determination”) and received on June 16,2011, signed by Portfolio Manager Matthew Osit, P.E. of the New York City Department of Environmental Protection (“DEP”), denying FKDP’s claim for the additional cost that FKDP incurred to store 32 Fiber Reinforced Plastic Froth Control Hoods (“hoods”) at an offsite location pursuant to the direction of both die City and its resident engineer, Hazen & Sawyer (“H&S”). This storage cost is associated with WP-237 Bowery Bay WPCP hiterim Plant Upgrading, Phase 1, Contract No. BB-57G, Structures & Equipment (“BB-57G”).

Attached are copies of: (a) Attachments in support of this Notice of Claim; (b) the Final Determination; and, (c) FKDP’s Request for Final Determination dated April 6,2009 (BB-57G-768).

Under change order BB-57G-58R, the DEP directed FKDP to furnish and install forty (40) hoods. By March of2005 FKDP’s subcontractor had fabricated and delivered eight (8) hoods to the jobsite. On March 15,2005 FKDP received notification from the DEP releasing the remaining thirty-two (32) hoods for fabrication. On or about this time the DEP also notified FKDP that only two (2) of the thirty-two (32) hoods would require pre-assembly; the rest would remain in comptment form. They would not be installed under the BB-57G contract By April 29,2005 FKDP’s subcontractor was prepared to deliver all thirty-two (32) hoods to the project site. Unfortunately, DEP could not provide a storage area at the project site because the DEP failed to timely execute a change order to construe the storage area. Therefore, H&S directed FKDP to have its subcontractor find a remote site to store the hoods until room onsite was made available. These hoods were stored offsite for a period of two (2) years, from June 2005 to June 2007, at a subcontractor cost to FKDP of $71,032.50 plus 5% for FKDP’s overhead and profit. Total claim equals $74,584.13.

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