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Commissioners table maintenance contract, approve holding back final payment for new mental health facility
Summary
Board tabled a proposed $60,000-per-year maintenance agreement with the facility builder and voted to withhold a $254,590.37 final payment pending completion of required documentation and turnover items.
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Delaware County commissioners on Aug. 4 tabled a proposed maintenance agreement with BW (the builder of the new mental health facility) and approved holding back $254,590.37 from a final payment to the builder pending final documentation and turnover requirements.
BW offered a one-year proposal to provide facility maintenance at $5,000 per month ($60,000 per year) covering preventive maintenance, materials and on-call services; the company said it would supply 16 hours per week of on-site preventive maintenance and offered an on-call rate schedule for after-hours support. Commissioners expressed concern about scope and whether the county should instead hire its own maintenance staff; several commissioners said they wanted clearer contract language and to resolve outstanding questions with the proposed operator before committing to an external maintenance contract.
Separately, a motion was made and approved to withhold $254,590.37 from the final BW claim for the project. Commissioners discussed whether a 5% holdback would be appropriate; the amount withheld equals roughly 3% of the contract and was approved by roll-call vote to remain in county control until final project deliverables (as-built drawings, training materials, maintenance manuals and other turnover documentation) are completed to the county’s satisfaction.
Why it matters: final closeout of large capital projects usually requires turnover documentation and may include a retainage or holdback to ensure subcontractor and documentation completion. Commissioners said they want assurance that warranties, as-built documents and training are provided before full payment.
Actions and outcomes: the BW maintenance agreement was tabled for further review; the board approved holding back $254,590.37 from the final BW payment. Commissioners also noted that county risk management insurance for the facility is now the county’s responsibility, and that maintenance and warranty responsibilities will be clarified in subsequent contract steps.
Ending note: staff and legal counsel will continue discussions with BW and the proposed operator; final payment release will be contingent on receipt of required documentation and agreed-upon turnover items.

