BONIFAY – A
tentative resolution to the dispute between the engineering firm and
the contractor was reached concerning the expansion of the Bonifay Fire Station when the Bonifay City Council met in special session on Monday night.
Dewberry Engineering stand by their assertation that
Holley Development will not provide requested quantity information
about the project to help the company verify reimbursement requests, while Attorney Aaron White of Dunlap & Shipman, P.A., which represents Holley Development, says is untrue.
White sent a proposal to the council as well as Dewberry of how his party felt was a way to move forward with the project but says his client was blindsided after a phone call.
We thought we were repairing the relationship but a phone call to our bonding company with misinformation caused issues with my client and his bonding agent, said White. We are trying to move forward and would like to find a way to do so. The proposal included a payout of $104,400 to cover 50 percent of mobilization costs, a change order for electrical issues, demolition and various other items.
Elissa Pettis of Dewberry Engineering states there has been no evidence of those costs even after repeated requests for quantities broken down into line items. We
would have no issue with submitting a pay request to council if Holley
could send us the information we have requested repeatedly, said Pettis. We cannot in good faith submit them and possibly set the city up to not be reimbursed by the state.
Bonifay Council Jeremy Munz says this is a hard spot for the council to be in. Does
the council decide to terminate the contract with Holley and wind up in
litigation? said Munz. Or does the council move forward with the possibility of an incomplete fire station if Holley cannot finish the project? This is a difficult situation, but I would recommend moving forward with the project, but Holley will need the complete understanding that council will cash in the surety bond for reimbursement.
Knauer says an agreement has to
be reached in order to move forward. I think Holley will do a great
job for you guys, said Knauer. We just have to come to an agreement on payout schedules and improved communication.
Fire Chief Larry Cook spoke to both Dewberry and Holley during the
meeting to try and help bring a resolution to the issue. Jason (Holley)
would you be able to prove the $82,0000 in work in a line item list? Yes?, said Cook. Cliff, if they provide these things will you submit the pay request? Knauer says he will submit the requests provided the proper documentation is provided to Dewberry.
parties agreed to meet on Thursday at the fire station to go over work
completed and come to an agreement on how to move forward with the pay
schedule and submission of documentation for pay requests.
Should a resolution still be fleeting, the council will have to readdress the issue at a future meeting.