Pre-bid meeting notice for WTC dust cleaning project, Aug 2002

NYC 9/11 Public Portal Document

05/03/1996 17:28 5227 PAGE 02

Termon Construction Inc. 388 Third Avenue, Brooklyn NY 11215 Tel: (718)694-0900 Fax:(718)694-0200 Emaii: [email protected]

November 21,2003 Mr. K Radhafcrishnan, P.E., Director NY City Dept of Environnjestat Protection Asbestos Control Program 59-l7Jurtction Blvd. Send via fas: 718 S95-3«8 Flushing, NY 11373

Re: HVAC Payment Dberopasebs Dear Mr. Radhakrishnan. We are in receipt of yow letter dated September 23,2003. in which you state that items billed for in psyment applications 22,23 and 24 (Baseboard Ksateire and Throng die Wall HVAC units) are not reimbursable under the terms of the contract. In your Ietter,.yoa make reference to a section of the contract that slides: The cleaning contractor is responsible for cleaning residences, common space and portions of die HVAC systems identified fay the Monitoring Contractor, Termoo Construction inc. (TCI) has no argument with that refsrsnee or condition of the contract. TCI agrees 160% diet we are responsible under the terms ofdie contract for the compietion of work as identified in fee “scope of work”. TCI disagrees wife your determination feat fee elding of baseboard heaters m comaum spaces is included our base contract work. The Scops of Work A for Residential Spaces ^lecificaliy identifies under section 3.r. feat: “Baseboard heater? will be cleaned. Protective covers on finned radiant beat heaters and baseboard heaters will be removed to expose heat elements. Fite are to be brushed and vseutnned to remove feist” The minimmn cleaning requirements for . common spaces makes no mentiofi of cleaning baseboard heaters. Alfeou^ fee cleaning of baseboard heaters is included in fee cleaning of apartments, ft Is sot Included in fee desning of Common Spaces. TCI negotiated unit prices &r cleaning of various HVAC components, including baseboard heaters. It is TCJ’s position that alfeou^ we can be directed fee monitoriE® contractor or EPA to clean baseboard heaters in common spaces, feb b outside fee base scope of work and compensable uader feesetnuraW negotiated aah prices. TCI also disagrees wife your determfeatiort feat fee cleaning of Through fee Wall HVAC Units in residences Is included in our base contract work. The Scope of Work A for Residential Spaces specifically identifies under section 3 .h. feat: “imake/dischaige registers of HVAC systems (ifpresent) will be ramoved/cieaned. The first foot of duct work will also be vacuumed; feen fee registers will be reiteteHed and covered wife a i^er of 6 mil polyethylene shssting.” Section 3,1. states; “Window and room air condifewwas will be vacuumed, wet wiped and removed from feeir housing...... Air coafetionats will be reassanbled and reitetaiied after cleaning,” There b no tnsation of Through fee Wag HVAC Unite included in fee Scope of Work At Cleanlag of RcsldeBtisl Spaces. Although EPA originally contended that feese units were not HVAC ofets) merely a«r conditioner, they later changed their position so feb should not be part offeb discussion, TCI negotiated unit prices for cteaning of various HVAC component?, including Through dw Wall HVAC Units. It is TCI’s position feat we can be directed by fee nKmhoring contractor or EPA to clean Throt^ fee Wall HVAC units in

Hazardous Waste Maaagesaeoto^ Asbestos o Lead FaSat 00 Mold vCoatamiaated Soil ^oRecoastractiosu

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