Agenda 12/13/2022 Item #16C12 (Caxambas Park Community Center Project)12/13/2022
EXECUTIVE SUMMARY
Recommendation to waive liquidated damages against Fort Construction Group of Naples Inc., pertaining to
the construction of the Caxambas Park Community Center Project under Agreement No. 20 -7790, approve
all previous administratively authorized Change Orders, and authorize payment of any pending or final
payment applications subject to the contractor providing all required backup documentations prerequisite
to processing payment. (Project 80394.3)
OBJECTIVE: To waive liquidated damages against Fort Construction Group of Naples Inc., the General
Contractor engaged for the Caxambas Park Community Center Project.
CONSIDERATION: On January 26, 2021 (Agenda Item 11.A) the County entered into Agreement No. 20-7790
(the “Agreement”) with Fort Construction Group of Naples Inc. (“Fort Construction”), for the construction of the
Caxambas Park Community Center project. The Board approved contract allowed for 335 calendar days for the
contractor to substantially complete the work, 30 days thereafter to reach final completion, and provides the County
with the ability to assess liquidated damages in the amount of $1,690.00 for each calendar day after the substantial
completion date until substantial completion is achieved. The County’s Notice to Proceed to Fort Construction
identified the original Substantial Completion date as January 20, 2022.
Ultimately, the parties agreed to extend the Substantial and Final Completion dates several times. The reasons for
the extended completion dates are memorialized in several administratively approved Change Orders as
summarized below.
Change Order No. 2 was “administratively approved” on November 18, 2021, as authorized under the Board’s
Procurement Ordinance No. 2013-69, as amended, in Section 19, Contract Administration, subsection 3b. Change
Order No. 2 extended the Final Completion date by 73 days through May 3, 2022, due to impacts on the supply
chain caused by both material shortages and shipping delays in the aftermath of COVID-19, which interruptions
could not have been anticipated at the time of the commencement of the project. Therefore, Change Order No. 2
established a revised Final Completion date of May 3, 2022, with the Substantial Completion date taking place 30
days before, on April 3, 2022.
Change Order No. 3 was administratively approved on March 17, 2022, adding an additional 30 days to the Project
for a revised Substantial Completion date of May 3, 2022, with a Final Completion Date of June 2, 2022. The
additional time added also related to supply chain issues involving materials necessary to furnish cabinets (wood
and plastic laminated products), as well as time necessitated by relocating the main power connection to the
building under construction from a different site that could not have been anticipated at the start of the project.
Change Order No. 4 was administratively approved on May 11, 2022, adding an additional 90 days extending the
Final Completion date to August 31, 2022, to address continuing supply chain related material shortages.
On August 25, 2022, the County issued a Stop Work Order to Fort Construction with six -days remaining on the
last administratively approved change order with the then existing Final Completion date of August 31, 2022.
Change Order No. 5 was also administratively approved on September 12, 2022, while Fort Construction was still
under the Stop Work Order. That Change Order added an additional forty-two days to the August 31st established
Final Completion date (prior to the Stop Work Order) as a result of material shortages, supply chain, and shipping
related delays.
On October 7, 2022, the County issued a Start Work Order to Fort Construction reactivating the Project, which had
been stopped since August 25, 2022, commencing on October 10, 2022. As noted above, there were six-days
remaining under the Stop Work Order when issued by the County, and Change Order No. 5 added 42 additional
days to the Project completion date. Those 42 days, along with the six remaining days under previously issued
Change Order No. 4, total an additional 48 days added to the contract and established a November 27, 2022, Final
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Completion date.
Administratively approved Change Orders three through five were agreed upon between County staff and Fort
Construction and were approved by the Board on the ratification report for its regular meeting dates on April 12,
2022 - Change Order No. 3, May 24, 2022 - Change Order No. 4, and September 27, 2022 - Change Order No. 5.
Those change orders ultimately resulted in extending the Substantial Completion date, after the fact, through
October 28, 2022 with Final Completion to follow on November 27, 2022. The request in this Executive Summary
arises because County staff belatedly processed Change Order No. 4 after the Agreement’s then established
Substantial Completion date had already passed.
Fort Construction’s project construction timeline was also impacted by factors other than material and supply chain
delays, primarily involving inspection and permitting issues that were outside Fort Construction’s control, and
under Collier County responsibility.
In order to obtain the Final Building Inspection, a Final Fire Inspection must pass. Collier County had to engage
Cintas for a Fire Alarm Monitoring Agreement, which is necessary to pass Final Fire Inspection. The Fire Alarm
Monitoring permit was issued in August 2022, and on August 23, 2022, the Project passed the Final Fire
Inspection.
In order to obtain the Final Building Inspection, a Handicap Accessibility Inspection must pass. Collier County had
to enter into an agreement with Summit Broadband, the internet provider for the Caxambas Park, where the project
is located. The agreement with Summit Broadband was entered into on June 14, 2022, and the construction permit
was issued on August 1, 2022. The Handicap Accessibility Inspection, conducted by the City of Marco Island
Building Services Division, passed on August 25, 2022, after Collier County staff met with City of Marco Island
Building Services Division staff, to propose a temporary solution satisfying the need for an emergency contact at
the chair lift while fiber optic cable is installed at Caxambas Park. The fiber optic connection will allow the
emergency phone on the chair lift to function. Fort Construction will not be able to obtain the final certificate of
occupancy until fiber is brought to the site by Summit Broadband.
It is important to note too, that notwithstanding the delay caused largely by the uncontrollable external market and
supply chain issues, neither the public nor Collier County has been financially damaged or inhibited in utilizing
completed portions of the Park. After all building inspections were passed, the City of Marco Island Building
Services Division issued a Temporary Certificate of Occupancy and Flotilla 95 (Coastguard) has been operating
from the Community Center. Fort Construction is currently completing modifications to the Caxambas Park
parking lot and landscaping. Finally, Hurricane Ian severely damaged the Caxambas Park (where the project is
located), which is currently closed to the public with an undetermined re-opening date.
Ultimately, Fort Construction reached Substantial Completion of the project on August 25, 2022, which was
beyond the Change Order No. 3 revised May 3, 2022, Substantial Completion date; although the contractor met the
belatedly processed Substantial Completion Dates established in Change Orders four and five. Although staff is
recommending against the imposition of liquidated damages based upon the belatedly processed administratively
approved Change Orders that ultimately extended the last revised Substantial Completion date through October 28,
2022, it notes that if the revised May 3, 2022 Substantial Completion date as established in Change Order No. 3 is
the controlling date, the potential liquidated damages that could be assessed under the Agreement for the 114 days
that passed until the contractor met substantial completion on August 25th, amounts to $192,660. Although the
assessment of liquidated damages is appropriate when Substantial Completion is not met, a contractor could argue
that the imposition of such damages is punitive and contrary to the lawful reason for assessing such damages,
especially where staff had agreed to the enlargement of the Substantial Completion Dates such as in this instance.
Staff further notes that Fort Construction is in good standing, satisfactorily performed its services under the
Agreement, and that the public was not financially impacted because of the delayed substantial and final
completion of the project. Furthermore, historically, and most recently, the County is experiencing difficulty in
encouraging the participation of contractors in competitive solicitations for vertical construction projects. To assess
such damages against Fort Construction under these circumstances, Acts of God, COVID-19, supply chain delays,
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and staff-related delays pertaining to timely processing the Change Orders, would only further exacerbate the
difficult task of encouraging contractors to participate in competitive bid solicitations. Notwithstanding the
foregoing, the County reserves its right to assess actual damages in the event Fort Construction does not timely
meet the revised Final Completion date should the County incur actual damages. Section 5, subsection B, of the
Agreement states, in part, “in the event Substantial Completion is reached, but the Contractor fails to reach Final
Completion within the required time period, Owner shall also be entitled to assess, and the Contractor shal l be
liable for all actual damages incurred by the Owner as a result of the Contractor failing to timely achieve Final
Completion.” Final Completion under the Agreement is defined as occurring “when the Agreement is completed in
its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed.” (See Agreement at
Section 5, subsection A)
As part of staff’s request for approval of this Executive Summary, it requests that the Board authorize payment on
any pending and final payment applications, provided that such payment applications are submitted with all
required backup documentation establishing the basis for payment under the Agreement (and the backup
documentation is acceptable to the Clerk of the Circuit Court & Comptrolle r), and staff concludes that no actual
damages have been incurred since the date of this request.
FISCAL IMPACT: There is no new contract fiscal impact associated with .
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval.-SRT
RECOMMENDATION: For the reasons stated above, staff recommends that the Board waive liquidated
damages against Fort Construction Group of Naples Inc., pertaining to the construction of the Caxambas Park
Community Center Project under Agreement No. 20-7790, and authorize payment of any pending or final payment
applications subject to the conditions recommended above.
Prepared by: Claudia Roncoroni, Project Manager, Facilities Management Division
ATTACHMENT(S)
1. 20220825_Stop Work Fort (PDF)
2. 4500209528_FortConstruction_StartWork_10-10-22_REV (PDF)
3. 4500209528_FortConstruction_C#2_Z__TimeExt (PDF)
4. 4500209528_FortConstruction_C#3_Z__TimeExt_DrawAllowance (PDF)
5. 4500209528_FortConstruction_C#4_Z__TimeExt (PDF)
6. 4500209528FortConstructionGroup_C#5_Z__TimeExt (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.12
Doc ID: 23973
Item Summary: Recommendation to waive liquidated damages against Fort Construction Group of Naples Inc.,
pertaining to the construction of the Caxambas Park Community Center Project under Agreement No. 20 -7790,
approve all previous administratively authorized Change Orders, and authorize payment of any pending or final
payment applications subject to the contractor providing all required backup documentations prerequisite to
processing payment. (Project 80394.3 )
Meeting Date: 12/13/2022
Prepared by:
Title: – Facilities Management
Name: Claudia Roncoroni
11/18/2022 1:09 PM
Submitted by:
Title: – Facilities Management
Name: John McCormick
11/18/2022 1:09 PM
Approved By:
Review:
Facilities Management Ayoub Al-bahou Additional Reviewer Completed 11/18/2022 1:20 PM
Facilities Management John McCormick Director - Facilities Completed 11/18/2022 2:01 PM
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 11/18/2022 2:10 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 11/22/2022 1:17 PM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 12/01/2022 10:46 AM
Public Utilities Operations Support AmiaMarie Curry PUD Department Review Completed 12/02/2022 7:15 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 12/04/2022 8:19 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/05/2022 9:19 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 12/05/2022 10:08 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/05/2022 10:09 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2022 10:23 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/05/2022 1:48 PM
County Manager's Office Ed Finn CMO Completed 12/05/2022 8:43 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/06/2022 7:52 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
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Date:
Name:
Firm/Company:
Name: Address:
RE: Contract No.:
Purchase Order/Work Order
No.: Collier County Project No.:
NOTICE TO SUSPEND WORK
If you have any questions, please do not hesitate to contact me.
cc: , Procurement Operations
NOTICE TO SUSPEND WORK
Form Revised: 4/23/2021
Dear ,
Effective immediately, please be notified that work on all the above referencedProject/Work Order:
is hereby stopped in accordance with Section of the contract until the following is completed:
You will be notified when the stop work notice has been lifted and there will be days remaining on
this contract/work order. (Note: Do not allow Work Order to expire. Work Order time must be timely
extended, if necessary, by processing a Change Order.) Please submit your final invoices for work
completed to date to the Project Manager, , within thirty (30) days after
issuance of this letter.
Facilities Management Division · 3335 Tamiami Trail East, Suite 101 · Naples, Florida 34112-5356 · 239-252-8380
Ayoub Al-Bahou, Principal Project manager, Facilities Management
Shayra Jorge, Operations Analyst, PSD
Jennifer Ziglar,Procurement
,
16.C.12.a
Packet Pg. 1491 Attachment: 20220825_Stop Work Fort (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort Construction Group of Naples,
October 7th, 2022
Brooks Witcher
FORT CONSTRUCTION GROUP OF NAPLES INC
16000 Old 41 Rd.
Naples, FL 34110
RE: Contract No.: 20-7790
Purchase Order/Work Order No. 4500209528
Caxambas Park Community Center
Collier County Project No. 80394
Notice to Start Work - CORRECTED
Dear Mr. Witcher:
On 08/25/2022, a stop letter was issued for this project. Effective 10/10/2022 the above
referenced Project/Work Order will be reactivated. At the time the stop work letter was
issued there were 6 days remaining, and Change Order #5 (attached) added 42 additional
days to the contract timeline. You will have 48 days remaining on contract which equates
to a 11/27/2022 final completion date.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Claudia Roncoroni
Project Manager
Facilities Management Division
CC: Ayoub Al-Bahou, P.E., Principal Project Manager
Procurement, purchasing.temp@colliercountyfl.gov
Shayra M. Jorge, Operations Analyst
Jennifer Ziglar, Procurement
16.C.12.b
Packet Pg. 1492 Attachment: 4500209528_FortConstruction_StartWork_10-10-22_REV (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort
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Packet Pg. 1493 Attachment: 4500209528_FortConstruction_StartWork_10-10-22_REV (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort
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Packet Pg. 1498 Attachment: 4500209528_FortConstruction_StartWork_10-10-22_REV (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort
Revised: 10/28/2014 PROCUREMENT USE ONLY
Admin BCC
Rpt BCC ES
Contract Modification Work Order Modification Amendment
Contract #: Change #: Purchase Order #: Project #:
Contractor/Firm Name: Contract/Project:
Project Manager Name: r: Division Name:
Original Contract/Work Order Amount $ 1,375,401.00 01/26/21-11.A Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount $ 1,375,401.00 01/26/21-11.A Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount $ 1,375,401.00 SAP Contract Expiration Date (Master)
Dollar Amount of this Change $ 0.00 0.00% Total Change from Original Amount
Revised Contract/Work Order Total $ 1,375,401.00 0.00% Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 0.00% Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (Includes this change)
# of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or
the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact
if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: ___________________________________________________________________________ Date: ________________
Claudia Roncoroni, Project Manager, Collier County Facilities Management
Approved by: ___________________________________________________________________________ Date: ________________
Ayoub Al-Bahou, P.E., Principal Project Manager, Collier County Facilities Management
Approved by: ___________________________________________________________________________ Date: ________________
Greg Corning, P.E., Project Manager, Wood Environment & Infrastructure Solutions, Inc
Procurement Services
Change Order Form
80394.3
Fort Construction Group of Naples Inc
4500209528 20-7790 2
Caxambas Park Community Center
Facilities Management Claudia Roncoroni
05/03/2022 02/19/2022 02/19/2022
73
02/19/2021
This Change Order is for additional time only and it adds an additional seventythree (73) days to the Contract time.
1. The proposed change includes the following:
Time Extension. An additional 73 days are requested to complete remaining services under Contract 20-7790 due impacts on the supply
chain caused by both material shortages and shipping delays – aftermath of the COVID-19 pandemic. Changes in the production and
shipping schedule of steel and aluminum are drastically influencing the construction schedule of this project. The General Contractor
has received on 10/19/21 a communication from the subcontractor furnishing the roof for this building, stating that the order placed with
Engler, the manufacturer producing the roof, has an estimated lead time of 8 to 10 weeks.
2. The additional time was not included in the original contract because a severe distruptions of the supply chain such as the one the
market is currently experiencing, with worldwide material shortages and worldwide shipping delays, was not anticipated at the start of
the project.
3. The impact on this project if this Change Order is not processed is that project time will be lost due to both material shortages and
shipping delays, ripple effects of the COVID-19 pandemic; there will not be enough time on the project to install the roof, and complete
all those tasks that follow the roof installation. The construction schedule will be delayed, the project will not be able to move forward
into the next phase, nor been completed.
RoncoroniClaudia Digitally signed by RoncoroniClaudia
Date: 2021.11.08 09:26:27 -05'00'
Digitally signed by Gregory W. Corning
DN: cn=Gregory W. Corning, o, ou,
email=greg.corning@woodplc.com, c=US
Date: 2021.11.08 11:51:59 -05'00'
Al-bahouAyoub Digitally signed by Al-bahouAyoub
Date: 2021.11.10 09:31:48 -05'00'
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Packet Pg. 1499 Attachment: 4500209528_FortConstruction_C#2_Z__TimeExt (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort
FinnEd Digitally signed by FinnEd
Date: 2021.11.10 17:25:09 -05'00'
SchneebergerSara Digitally signed by SchneebergerSara
Date: 2021.11.18 08:37:31 -05'00'
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Packet Pg. 1500 Attachment: 4500209528_FortConstruction_C#2_Z__TimeExt (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort
Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.)
PROCUREMENT USE ONLY
Admin BCC
Rpt BCC ES
Change Order/Amendment Summary
CO# AMD# Description
COST TIME
Justification Additive (+) Deductive (-) Days
Added
New
Amount
1
Draw on
Allowance in the
amount of
$22,023.90
$140.000.00 -
$22,023.90 =
$117,976.10.
Construction of a temporary
vehicular access to the
project site of off Collier Court to
improve the Park safety, and permit
fees payments.
2 Additional Time 73 438
More time requested due to
materials shortage and supply
chain disruption due to COVID-19
Pandemic.
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MAIN MANUFACTURING / HOME OFFICE
1200 Amboy Avenue • Perth Amboy NJ 08861
Tel: (732) 826-8614 • Fax: (732) 826-8865
www.englertinc.com
April 16, 2021
RE: Industry Update
Dear Valued Englert Customer,
I wanted to give you an update on the global metal shortage. The mills continue to fall
behind on steel and aluminum shipments as the demand exceeds the supply. These
factors are causing unprecedented availability issues and higher prices as a result.
Unfortunately, we anticipate this industry shortage to continue to drive pricing higher
with longer lead times throughout the rest of 2021.
Please know we are doing everything we can to offset these hurdles and support your
business needs. We will continue to update you as the year moves ahead. If you
have any questions, please feel free to reach out to me or your Englert Representative.
Best Regards,
Jamie
James Hazen
National Roofing Sales Manager
Englert Inc.
978.697.3628
j.hazen@englertic.com
16.C.12.c
Packet Pg. 1503 Attachment: 4500209528_FortConstruction_C#2_Z__TimeExt (23973 : 20-7790 Reccomendation to waive liquidated damages to Fort
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Packet Pg. 1505 Attachment: 4500209528_FortConstruction_C#3_Z__TimeExt_DrawAllowance (23973 : 20-7790 Reccomendation to waive liquidated damages
Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.)
PROCUREMENT USE ONLY
Admin BCC
Rpt BCC ES
Change Order/Amendment Summary
CO# AMD# Description
COST TIME
Justification Additive (+) Deductive (-) Days
Added
New
Amount
1
Draw on
Allowance in the
amount of
$22,023.90
$140.000.00 -
$22,023.90 =
$117,976.10.
Construction of a temporary
vehicular access to the
project site of off Collier Court to
improve the Park safety, and permit
fees payments.
2 Additional Time 73 438
More time requested due to
materials shortage and supply
chain disruption due to COVID-19
Pandemic.
3
Draw on
Allowance in the
amount of $6,189.16
$117,976.10.-
$6,189.16 =
$111,786.94
Payment for LCEC
3 Additional Time 30 468
More time requested due to
materials shortage and supply
chain disruption due to COVID-19
Pandemic.
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Packet Pg. 1510 Attachment: 4500209528_FortConstruction_C#3_Z__TimeExt_DrawAllowance (23973 : 20-7790 Reccomendation to waive liquidated damages
for Caxambas exterior doors
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