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Board approves amendment allowing progress reimbursements to DelCorp while withholding 20% until project completion
Summary
Supervisors approved a revision to the airport comprehensive agreement that permits DelCorp to receive periodic reimbursements from Department of Aviation grants, while the county will retain 20% of each payment until final completion; motion passed unanimously.
Middlesex County supervisors voted Sept. 9 to amend a comprehensive agreement with DelCorp to change how aviation grant reimbursements are disbursed for construction at the county airport.
County staff presented two options for the board: (1) withhold 20% of each Department of Aviation reimbursement and release withheld portions after certificate of occupancy and substantial completion, or (2) allow the first reimbursement in full and withhold 25% of subsequent payments. Staff recommended option (1) — an 80/20 pass-through — and the county attorney reviewed the proposed amendment for legal form.
Supervisor Crittendon moved to adopt resolution R2025-011, described in the board packet as “authorizing Amendment Number 2 to the comprehensive agreement dated 06/04/2024 between Middlesex County and DelCorp.” Supervisor Williams seconded. In discussion, staff noted that the Department of Aviation will pay the majority of construction costs and that the county’s maximum exposure under the agreement remains $250,000. The county attorney said the agreement limits county liability and contains language protecting the county if the Department of Aviation refuses reimbursement for particular work.
The board approved the amendment on a roll call vote: Crindon (yes), Jesse (yes), Williams (yes), Bill Harris (yes), Don Harris (yes). The motion carried 5-0. Under the approved approach, the county will pass through 80% of each Department of Aviation reimbursement to DelCorp and retain 20% until final project completion and certificate of occupancy.
County staff said DelCorp continues to make progress on site work, including slab pours, berm removal and anticipated arrival of building steel; the first payment request for the project was discussed as expected to be roughly $400,000 as steel and other items are included.
The amendment does not change the county’s maximum aggregate contribution, which remains $250,000; staff said the amendment is intended to balance contractor cash flow with county protections when the county is not requiring a performance bond.
