NYC 9/11 Public Portal Document
05/03/199B 17:28 5227 PAGE 03
Termon Construction Inc.
388 Third Avenue, Brooklyn NY 11215
Tcl;(718)694T)9W
Fax:(718) 694-0200
Ensait; TcnnOT2k@aotxoin
Pi«e2orz
Letter dated IWIAKS
residential spruces (aptutmeiuts) however this cleaning is outside the base scope of work and
should be compensated under the separately negotiated unit prices. DBF and EPA have both
recognized the legitinwy ofthis particular unit price as TO was paid for tte deaaing of
Through the Wall HVAC Units la cosatson spaces. Logkalfy it follows that cieaning of
Through the WaS HVAC links in restfdentlal spaces shouid also be COTipensated under the
Bak prices for cleanlr^ of HVAC system,
TCI mat its obligations under foe contract to clean fo foe requirements of foe base scops of work
aid then was ftrfoer directed by EPA and Atheaica to clean impacted HVAC systems and
cotnponents. TCI used Special Service Contracting Jnc. (SSC), a NADCA rosoiber (a condition
offoe contract), as our DEF approved HVAC subcontractor. SSC cleaned ell foe Through the
Wall HVAC uniis aid Baseboard heaters as directed by foe raonstotiag comractw and USEPA.
As a final note, foe existing field condition of Through foe Wall HVAC Units alfoou^ typical
toQuadrantP, is atypical of foe other force quadrsits. The cleaning of ftese uni® in
apartecients is aidttionaJ wjnk, not required offoe other 3 contractors. iTtese units are not
comparable to a window ah' conditioner us they are much larger, heavier, and contain additional
components for heatipg and ventilating. Additianally window or room air conditioners are not
in every apaatment or ev^ room, whereas, Throu^ foe Wail HVAC Unite are pesent in every
wan of evety apartment in Bartery Park Chy.
This contract is a unit price contract and various items are compensated based ujmn foe
identified scope of wotit and corresponding unit The cleanmg ofbaseboard heaters in common
spaces and the cleaning of Through fee WaB HVAC Unite are not included In tire identified
Scopeof Work for Common Spaces or Kcsidsntial Spaces as demonstrated above. Clearly foese
items fell under foe Cleaning of HVAC Systems section and shcmld be compensated based upon
foe original unit price of $1,000.00 per system or foe later negetiated unit prices, ^gbUlgdfeLaX
TCI re^jectiully requests that you seriously recostsidcr your position conceroiog compensation
for these items. Altiiouifo TCI recognizes fo^t}« USEPA concurs wife your initial
determination, we understood that EPA’s ftaiction tm tire WTC dust cleanup project was for
field coordhtetion. TCI’s contract is tvifo NYCDEP, tire deebioo whether to compensate or not,
should be based tq»n our contract
TCI needs to resolve this situation ASAP, we will contact you to set up a meeting. Ifyou have
any question, please feel fieetocoteact ore at 718 694^)900 or917 873-7616.
Very Truly Yours,
vcn0N,fNC
CoTBtruction Division
CC: John Tancredi, SSC
Yli®>JjiaSB9th,KEP
P. Evangelista, USBPA
Hajcardosss Waste Asbestos ♦ Lea^i Paiat ^o Mold
V Coatamisated Soil ❖uRecoastractsoii o
NYC-WTC_000161698
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