woh eer TOWN OF NORTH HEMPSTEAD Town Bard DEPARTMENT OF PUBLIC WORKS. ‘ten CREAN "vari saute 285 DENTON AVENUE YeRONICA LANEY NEW HYDE PARK, NY 11040 sinti bectonca0 (16) 739-6710 ie PAX (516) 739-6717 ‘ea of as aut Da, soon cemact May 8, 2019 and Certified Mail Return Receipt Requested Me. Vincent Parzale Gramercy Group Ine, 3000 Bums Avenue ‘Wantagh, New York 11793 Re: Clinton G. Martin Patk Renovation DPW Project 5-15 - NOTICE OF DEFAULT Dear Mtr Pazile Gramercy Group Inc. and the Town of North Hempstead entered into an agreement (the "Conteae) for Gramerey to provide all ofthe labor, material and equipment necessary for the Clinton G. Martin Park Renovation roject (the "Projet", Pursuant ro the Contract, Gramerey, as principal, and Everest, as surety, issuxd a Performance Bond dated May 9, 2017 and bearing Bond No. 12500000105 (the Bond) in vor of the Town, as Obligee, guaranteeing, among, other things, the performance ofthe Contract, Please take notice that, pursuant t9 the above-referenced Contact, the Town of North Hempstead, acting by and though its Department of Public Works, hereby provides you with notice tnd an oppextunity 1 be head prior tothe Town's exercise of its ight to declare Gramercy in default, and to immediately terminate Gramercy pursuant to the provisions ofthe Contract. ‘This notice is given pursuant fo the Town's right under General Conditions Section GC-45 of the Contract, which empowers the Town to declare the contractor in default and to terminate the contrac. Specifically, GC-48 provides In addition to those instances specifically refered to in other Sections herein, ‘the Tov shall have the right to declare the Contractor in defuul ofthis Contact, after ote ofthe Town Board, if@) The Contractor shall abandon the Work; or if G) ‘The Contractor shall refuse to proceed with the Work when and as rected by the Towss or if (The Town shall be of the opinion thatthe Contractor is or has been ‘unnecessarily or unreasonably or wilflly delaying the performance and completion of the Works (10) ‘The “own shall be ofthe opinion that the Contractor is or has been ‘willfully or in bad fai violating any of the provisions of this Contract, or if (12) The Work isnot completed within the time herein provided therefor. ‘More specifically, us you are well aware by virtue of prior notices, correspondence, ‘communications and meetings, isthe Town's position that Gramerey has defaulted and isin material ‘breach ofthe Contract by vite of, inter alia; 1. Gramerey’s flare to complete the project to date andor by the contractually agreed ‘upon date of April 24, 2018, 2. Gramerey’shilure to properly manage and coordinate the work oftheir subeontractor’s ‘ensure thatthe construction project met the schedule and was builtin accondance with the approved construction drawing, pplicble Building Codes and specifications and standards. 3. Gramerey’sfllure to provide all ofthe labor, material and equipment required pursuant ‘toand in compliance wit the contract, including but not imited to a. Domestic water plumbing throughout the project were installed in spaces subject to freezing temperatures, in violation of the applicable Building Codes, and not properly installed underground as pr plans and specifications. '. South building ~ The hydronic boiler was improperly installed and has been ‘exposed to chlorinated water ftom the penetation Gramercy installed inthe Clorinator room to assist inthe temporary connection ofthe Sanitary Force Main. Furthermore, the original specified hydronic unit heater to be installed ir the basement, was substituted with a gas Fired source Modine heater. However, the installation of his Modine heater i not code complaint. Fite Sprinkle/Fiee Alarm System ~ Approved shop drawing and approved "Nassau County Fite Marshal plans indicates - required double check valve for system. A Reduced Pressure Zone (*RPZ") was improperly installed inliew oa required double check valve 4. Insultion ~ The North building was insulated in violation of the applicable Building Codes, No building thermal envelope was erated. In addition, Gramercy must demonstrate HVAC and venilation systems are complete. Previous inspections revealed incomplete work, & — MainPool Surge Sump Pump Station Existing permanent connection was demolished by Gramercy. Drawing P-101 calls for existing plumbing items to remain, including storm. ‘water sump and connections to storm water sewer. A sump pump and hose connection to outside of ctilorinator room i serving «8 a temporary mechanical drain (by a hose draining to the driveway and street, necessitated hy Gramerey's omission of the gravity overflow system). Final connection was neither properly, nor permanently, repaired and connected.Omission of gravity overflow at Main Pool Surge Tank - Drawings P-200 and MP-310 conveys demoliion of the existing gravity drain lines and installation of two @2) new ravty overflow drains and piping. The new gravity dain lines were not installed by Gramercy. ‘8 Landscaping — improper restoration/no fine grading of top soil adjacent to tennis courts and right of main entrance has ereated potential tripping hazards 'h. Pool ssues ‘Wading Pool oo slide (@_Spalling of marble dust apparent. Gi) Cracking apparent in marble dust Spray Pad (Controls for spray pad are not operational (Gi) Cracks are apparent in spray pad concrete slab. i. Incomplete installation of sanitary drainage in the North Building (Le. not ‘connected to sanitary sunp) ji. Removed all copper piping from slop sink in Noeth Building basement not shown for demolition or eplacoment. Kalle to epoxy coat contract, conveyed on Diawing MP-310, 1. Wood handrails on pool deck are already failing. Gramercy fled to receive approved shop drawings or material sample on handrail and installed at own sk. the basement ceiling, walls and slaps as required by ‘m, _ Installed false partionswvals in attic which are not compliant with Fire and Life Safety requirements. 1. Failed to connect pool deck water fountains to sanitary system in violation of applicable Heath and Building Codes. Feild to install restrooms and changing rooms in compliance with Americans jes Ac. 'p. Failed 1 complete the Lio Preliminary Outstanding Contract Issues lis from the PlanGrid Dra Issue Report dated August 1S 2018; ‘q. Failed to fllow the provisions ofthe contract with regard to provision of notice of claims, extra and disputed work, proposed change orders, notice of delay and/or requests for extensions of time and issuance of timely requests for instructions (RFls) depriving the Town of the opportunity to timely investigate, manage and mitigate any alleged claims and alleged errors and deficiencies in the contract documents, Failed tn deliver all closeout documents nd deliverables as required by the contrat Pursuant to GC-45 ofthe Contract, you have the right to be heard onthe intention ofthe Town to declare Gramerey in default and to terminate the above referenced contract. Should you wish to exercise this right to be heard, you must provide your written response tothe offie ofthe Department ‘of Public Works, no later than May 15,2019,