County Attorney Letter 11.26.2008
~
o!!~ .!'~~E
(305) 294-4641
r" ----
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem Sylvia Murphy, District 5
Malio DI Gennaro, District 4
Heather Carruttlers, District 3
Kim W1gingtXln, District 1
(!)I/ke of- tile &.ud1J ~
111112'4 Stoat, SuiU #408
[I..t (!)Ifke !&a; 1026
!Kaj W..t, flf! 33041.1026
(305) 292.3470
FedEx Priority Overnight
Tracking #8608 2894 2481
November 26, 2008
Mr. James T. Peace
Operations Manager
The Morganti Group, Inc.
1450 Centrepark Blvd., Suite 206
West Palm Beach, Fl. 33401
Re: Contract between Monroe County and The Morganti Group, Inc. -
Kev West International Airoort ("Contract")
Dear Jim:
As you are aware, Morganti Group has failed to complete the construction of the referenced
project in accordance with the completion date contained in the Contract and the approved project
schedule, i.e. August 8, 2008. As a result, in accordance with the Contract, liquidated damages in the
amount of $3,500 per day are owed to the County by Morganti Group for each day that passes until the
project has attained substantial completion. Based upon your most recent schedule update, substantial
completion will not occur until sometime in the spring or early summer of 2009. The delayed completion
of the project by Morganti Group is to be discussed at our upcoming meet and confer session.
Notwithstanding its right to assess and deduct the liquidated damages from periodic progress
payments that may come due to Morganti Group, the County has decided, for now, not to deduct the
liquidated damages from progress payments, so as not to impact the ongoing performance and
completion of the project by Morganti Group and its subcontractors. Instead, the County will assess and
deduct all accrued liquidated damages from the fina1 payment that may be owed to Morganti Group,
including retainage.
Mr. James T. Peace, Operations Manager
The Morganti Group, Inc.
November 26, 2008
Page Two
The County urges Morganti Group to take all reasonable actions, at Morganti Group's expense,
to expedite the completion of the project. Please be advised that should at any time the County
determine that as a result of ongoing and/or additional delays that there will be insufficient funds available
in Morganti Group's final payment to pay for all assessed liquidated damages, the County reserves its
right to revise its current position and to assess and deduct liquidated damages from periodic progress
payments.
We look forward to seeing you at the forthcoming meet and confer session, at which time we
would request that Morganti Group be prepared to discuss all measures it plans to take to expedite
completion of the project.
SPd. 11<
PEDRO . C 0
Assistant Coun Attorney
PJM:kmp
cc: Gerry Kelly, Morganti Group, Inc.
Bruce Harkness, Morganti
Roman Gastesi, County Administrator
Suzanne A. Hutton, County Attorney
Danny L. Kolhage, Clerk
Peter Horton, KWIA
Larry Chalmers