11-21-2000 VC SP WS-MMINUTES OF THE SPECIAL WORKSHOP SESSION
OF THE VILLAGE COUNCIL
~ OF NORTH PALM BEACH, FLORIDA
HELD TUESDAY, NOVEMBER 21, 2000
Present: Joseph A. Tringali, Mayor
Dr. Edward M. Eissey, Vice Mayor
David B. Norris, President Pro Tem
Donald G. Noel, Councilman
Charles R. O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Absent: Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Tringali called the meeting to order at 6:00 p.m. All members of Council were present.
All members of staff were present except Kathleen Kelly, Village Clerk. Also present were Tom
Hogarth, Mark Schwartz, Vincent Imbriani, and Steve Boruff.
The purpose of the Special Workshop was to discuss closeout of the construction project at the
North Palm Beach Country Club and three unresolved issues, i.e. the liquidated damages, the
Eichley Formula used to determine office overhead (home office expenses), and outside wall
(color and composition).
Mark Schwartz addressed the Council regarding the Eichley Formula and his home office
expenses, which Mr. Schwartz says is not covered in the 5% markup for change orders. Mr.
Schwartz told the Council that the 5% covers direct costs of the change order, but does not cover
the home office overhead for that extension of time required by the change order. He stated that
this formula is generally used to calculate damages for unabsorbed home office overhead
incurred as a result of owner delay of the construction project. Mr. Schwartz used the formula
and then subtracted the liquidated damages of $7,000, and asked the Village for the balance of
$19,000.
Liquidated damages was discussed briefly; Village Attorney George Baldwin opined that the
negotiated contract amount of $200 per day was not an unreasonable amount, and would be
supported in the Court.
During discussion of the wall, Mr. Imbriani stated that the sample was approved for color,
texture and element, and that approval was reflected in his Minutes. Tom Hogarth, Director of
Public Services, disagreed with this, saying that it was clearly indicated in the blueprints and
addendum that "cast stone" be used, not a stucco finish. He further stated that at no time was he
shown a sample of cast stone.
Minutes of Workshop Session
Held Tuesday, November 21, 2000
Mr. Schwartz submitted payout request in the amount of $36,127, but is willing to credit the
~ Village in the amount of $6,600, leaving a balance of $30,127. He further stated that he had
received several bids from other companies to do the wall, with the lowest bid coming in at
$6,000.
By consensus, the Council agreed to take action on these issues at the first Regular Session after
the punch list is completed, with payment to be issued promptly thereafter. Council requested
certification of the air-conditioning, and further asked that staff and the architect provide
recommendations on each individual item for that Regular Session.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at approximately
7:00 p.m.
C~ ~~
Kathleen F. Kelly, CMC
Village Clerk
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