CONTACTS 

SUBJECTS
General Management

0403 -
0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 3 0000, ref SDS 2 0000.
040502 -
040503 - Paul Robinson  came by this morning to visit.  I requested a list of
040504 - documents which Sletten's records show are pending response from the
040505 - Engineer.
040507 -  ..
040508 - Decided to meet and review this tomorrow.
040509 -
040510 -
040511 -
0406 -

SUBJECTS
Draft Tube Dispute Defective work by Sletten showing inexperience

0603 -
060401 -  ..
060402 - Voith Field Superintendent Notes Support Tudor's DTL Instructions
060403 -
060404 - Received from Ken Carlson an extract he wrote out from his Diary of
060405 - contacts he had with Sletten's work force during installation of the
060406 - Pit Pier and the DTL.
060407 -
060408 -    [See below discussion with Ken. ref SDS 0 0861]
060410 -  ..
060411 - This seems to support Tudor's instructions to Sletten, and shows that
060412 - Voith's letter on 880912 prepared by Greg Snyder misrepresents the
060413 - record on this matter, per analysis on 880915. ref SDS 3 7650
060414 -
060415 -    [See below discussion with Ken. ref SDS 0 0861]
060416 -
060417 -    [See below for Sletten's recollection on this. ref SDS 0 7458]
060419 -     ..
060420 -    [On 880920 revised DTL findings. ref SDS 4]
060421 -
060423 -  ..
0605 -
0606 -
0607 -
0608 - Greg Snyder's letter
0609 -
060901 - Jeff said he agreed with analysis on 880915, ref SDS 3 4829, of
060902 - Voith's letter on 880912, as set out in the letter to Tudor on 880916.
060903 - ref DIP 1 2502
060905 -  ..
060906 - Jeff requested a follow up call to Greg Snyder, Voith's program
060907 - manager in Ohio, to discuss issues raised in analysis Greg's letter.
060908 -
060910 -  ..
060911 - Proposed calling Greg about recollections of the .010 tolerances Voith
060912 - presented for Sletten to assemble the Draft Tube Liner (DTL), and
060913 - further noted that other issues on strengthening accuracy of Voith's
060914 - communications are less amenable to mere telephone discussion.
060916 -  ..
060917 - Tudor needs to "improve" communications with Voith immediately through
060918 - a management meeting, otherwise "miscommunication" for expediency to
060919 - gain momentary advantage, rather than accuracy will continue.  This
060920 - meeting needs to be organized with an agenda and conducted by someone
060921 - who knows contract management, and has command of the facts in this
060922 - case, including project schedule requirements.
060924 -  ..
060925 - Jeff advised that a meeting cannot be arranged because Tudor managers
060926 - in San Francisco do not want to pressure Voith in performing contract
060927 - requirements.  He explained that Tudor senior management feels they
060928 - have strong, effective working relationship with senior people at
060929 - Voith, which resulted in Voith getting the contract for Broadwater
060930 - Dam.  Apparently this relationship is long standing, and Voith helped
060931 - Tudor specify the hydro equipment work, which gave them the inside
060932 - track on getting the contract now at issue.  Jeff indicated that Tudor
060933 - management in San Francisco has other deals in the works with Voith,
060934 - and does not want any disruptions.  They plan discuss Broadwater as
060935 - part of other matters in ongoing communications.
060937 -  ..
060938 - Recommended that Tudor confirm verbal understandings with Voith in
060939 - writing, with copies to the State.   The State can then decide on
060940 - whether to incur extra expense resulting from misrepresentations and
060941 - failure to perform contract requirements, including claims by Sletten
060942 - on the tolerance issue for the DTL.
060944 -  ..
060945 - Jeff said that Tudor management does not like feedback putting
060946 - communications in writing, except when both sides agree on content in
060947 - order to minimize controversy.  Tudor senior executives like to work
060948 - by conversation to expedite with wriggle room to avoid disputes.
060949 -
060950 -     [On 880921 reviewed urgency of taking action with Tudor's VP,
060951 -     Clyde Earnest. ref SDS 5 8526]
060953 -      ..
060954 -     [On 890324 Clyde explained Tudor practice to avoid accountability
060955 -     in order to expedite getting things done. ref SDS 7 8R97
060956 -
060957 -
060958 -
060959 -
060960 -
0610 -

SUBJECTS
Draft Tube Dispute Tolerance Requirements Voith notice to Tudor

0803 -
080401 -  ..
080402 - Ken Carlson Support's Tudor's Instructions to Sletten on DTL
080403 -
080404 - Ken feels Greg's letter is incorrect with respect to discussions that
080405 - occurred on 880816.  He said Voith confirmed the valuations in Tudor's
080406 - 880803 Determination during the teleon of 880816.
080407 -
080408 -    [On 880920 revised DTL findings. ref SDS 4]
080410 -  ..
080411 - Ken said that he informed Jeff that Voith required the tolerances
080412 - shown in the Engineer's Determination issued, 880803, ref 5.  He
080413 - explained that Voith management felt that it would be prudent to
080414 - demand more stringent tolerances from the Contractor than were
080415 - necessary.  Voith felt that this maneuver would most likely result in
080416 - achieving the actual tolerances needed.  Voith believed that if the
080417 - Contractor believed its true objective was to construct to .030
080418 - tolerances (the actual required tolerances), then the likely result
080419 - would be inadequate; whereas, if the Contractor strove for a higher
080420 - goal, then missing it might result in achieving what was needed.
080421 - ..
080422 - It appears that Jeff was at all times unaware of Voith's true
080423 - position.  He was consulting and relying in good faith on Ken, and Ken
080424 - was being instructed by Voith management.
080425 -
080426 -
080427 -
0805 -

SUBJECTS
Draft Tube Dispute Assembly, Failure to follow Instructions

0903 -
090401 -  ..
090402 - Paul Robinson Reports Planning Meeting on DTL Installation
090403 -
090404 - Paul pointed out that a meeting occurred in Helena between Voith's
090405 - Ken Carlson, Craig Stenson, Tudor and Sletten management following
090406 - assembly of the DTL in May.
090407 -
090408 -    [On 880920 revised DTL findings. ref SDS 4]
090410 -    ..
090411 -   Paul recalls that Voith maintained during the meeting that the
090412 -   procedures used by Sletten were adequate.  He indicated that the
090413 -   matters of rolling the unit, assembling in vertical segments and
090414 -   installing spiders were represented by Voith management (Craig
090415 -   Stenson and Ken Carlson) as not critical to installation.
090417 -    ..
090418 -   Paul will try to obtain a record of the meeting.
090420 -  ..
090421 - Paul said that Sletten's mechanic, Art Harding, has informed Sletten
090422 - management that, when Voith's representative, Fred Gross, left the job
090423 - in May, 1988, he was satisfied with Art's work assembling the Draft
090424 - Tube Liner (DTL).
090426 -  ..
090427 - Jeff asked Paul to submit a statement from Art on his recollections.
090428 -
090429 -
090430 -
090431 -
090432 -
0905 -

SUBJECTS
Draft Tube Dispute Settlement Discussions

1003 -
100401 -  ..
100402 - Draft Tube Dispute Notify Sletten to Submit Evidence
100403 -
100404 - I gave Paul a copy of Voith's reports for 880826 and 880906.
100406 -  ..
100407 - Explained the Engineer will need evidence that Sletten's bidding
100408 - conclusions were reasonable with respect to:
100409 -
100410 -   Tolerance requirements for Voith Embedded Equipment
100411 -
100412 -   The duty to install Equipment pursuant to Manufacturer's
100413 -   instructions permits ignoring verbal recommendations of Field
100414 -   Representatives, and relying solely on written instructions.
100415 -
100417 -  ..
100418 - Paul asked about Sletten's potential grounds of recovery.
100420 -  ..
100421 - I suggested the following areas which may permit the Engineer to
100422 - approve extra payment:
100423 -
100424 -   Reasonable cost to perform according to instructions that exceeded
100425 -   the cost of performing under procedures that would ordinarily be
100426 -   assumed from the BPP contract bidding specification.
100428 -    ..
100429 -   I encouraged Sletten to offer evidence on this issue, or alterna-
100430 -   tively to point out other grounds the Engineer should apply to
100431 -   recognize entitlement.
100432 -
100433 -
100434 -
100435 -
100436 -
100437 -
1005 -

SUBJECTS
Schedule Time Extensions Updated Schedule

1203 -
120401 -  ..
120402 - Schedule Proposal Resolve Acceleration and Liquidated Damage Claims
120403 -
120404 - Paul Robinson came by for discussions.
120406 -  ..
120407 - Paul asked if the State would be interested in an arrangement where
120408 - Sletten would complete the work in accordance with the 880914
120409 - understandings, (e.g.  Voith Contract work would commence on 881015),
120410 - and waive entitlement for time related claims (e.g. acceleration), in
120411 - exchange for the State waiving interest in liquidated damage claims.
120413 -  ..
120414 - I asked Paul how Sletten could do this in light of its position that
120415 - an additional 8 days is needed to perform cadwelding on the Curb Ring
120416 - (see discussion below)?  He indicated Sletten could figure out how to
120417 - do this.
120419 -  ..
120420 - I explained any such agreement would require adequate Schedule data
120421 - to indicate the objectives are viable.
120423 -  ..
120424 - I suggested we meet Wednesday, 880921, so that Sletten could offer
120425 - information showing it can perform the proposed schedule commitments.
120426 -
120427 -
120428 -
120429 -
120430 -
120431 -
1205 -

SUBJECTS
Schedule Time Extensions Updated Schedule Not CPM

1403 -
140401 -  ..
140402 - Time Extensions Not Supported by Sletten's Schedule
140403 - Sletten Argues its Schedule is Not a CPM, there is No Critical Path
140404 -
140405 - Paul Robinson and Dave Marsh both said today that Sletten's Schedule
140406 - Update (dated 880905) is not a "CPM" and that the markings on the
140407 - Schedule that show what is generally accepted within the industry as
140408 - the "critical path" are not in fact the critical work.
140410 -  ..
140411 - This discussion was in connection with a request by Sletten that the
140412 - Engineer direct Gracon to vacate an area where Sletten intends to
140413 - place rip rap; and further regarding a claim for an additional 8 days
140414 - to construct the Curb Ring due to the addition of cadwelding.
140416 -  ..
140417 - Sletten's Schedule shows Rip Rap will be performed in December, so it
140418 - cannot be a critical activity to Curb Ring construction which Sletten
140419 - schedules to be completed prior to 881015.  Therefore more time for
140420 - rip rap approved by the Engineer cannot influence time extensions for
140421 - Curb Ring work that must be performed in time to avoid delaying
140422 - another contractor, as called out in the contract, and previously
140423 - approved schedules.
140425 -  ..
140426 - Paul feels the Engineer cannot use Sletten's Schedule to evaluate the
140427 - critical nature of time extensions.
140428 -
140429 -     [On 880927 Paul Robinson objects to the Engineer's letter
140430 -     confirming Sletten's explanation in the meeting today that the
140431 -     Engineer cannot rely on Sletten's schedule. ref SDS 6 6H8L
140433 -  ..
140434 - There was discussion that the Contractor has to demonstrate through
140435 - competent evidence entitlement to additional time.  If the schedule
140436 - supplied by the Contractor does not disclose relevant information, as
140437 - maintained today, then the Engineer will have no basis to approve time
140438 - extensions.
140440 -  ..
140441 - Contract requirements for scheduling inform both the Engineer and the
140442 - Contractor of when work activities are expected to occur, so they can
140443 - plan allocation of forces and other matters affected by contract
140444 - performance.  Sletten's explanation of its CPM schedule today,
140445 - indicate failure to perform these requirements.
140446 -
140447 -     [Below Paul requests time extension for more work that is not on
140448 -     the critical path in the Sletten CPM schedule. ref SDS 0 7399
140449 -
140450 -
140451 -
1405 -

SUBJECTS
Scheduling
Curb Ring, Cadwelding, Time Extension

1604 -
160501 -  ..
160502 - Sletten Claims Added 8 Days for Cadwelding on Curb Ring
160503 -
160504 - Paul advised that Sletten expects cadwelding to require an additional
160505 - 8 work days relative to the duration of the Curb Ring shown on
160506 - Sletten's Schedule of 880905.  This was in connection with a letter
160507 - requesting a time extension submitted within the past few days.
160509 -  ..
160510 - I noted that this position appears to conflict with Sletten's
160511 - representations during the meeting 880914. ref SDS 2 0026
160512 -
160513 -
160514 -
160515 -
160516 -
1606 -

SUBJECTS
Coordination with
Gracon Contract

2004 -
200501 -  ..
200502 - Rip Rap Placement
200503 -
200504 - Dave Marsh
200505 -
200506 - Called Dave Marsh about Sletten's 880912 letter demanding that the
200507 - Engineer require Gracon to vacate an area where Sletten (subcontractor
200508 - Swan) is to place rip rap.  Sletten contends its lack of access to
200509 - this area is delaying the work.  Dave indicated the Subcontractor
200510 - intended to begin work on 880912.
200512 -  ..
200513 - We reviewed Sletten's Schedule showing this work is to be performed in
200514 - December, not September.  Jeff discussed the schedule with Swan's
200515 - representative last week and was informed they did not intend to
200516 - proceed in the manner described in Sletten's letter.  Additionally,
200517 - Sletten cannot perform this work until they obtain approval for the
200518 - silt barriar specified as required prior to commencment of work in the
200519 - river, as involved in this case.
200521 -  ..
200522 - Dave said the Schedule is not a CPM.  He said Swan will begin when
200523 - Sletten directs them to begin; and contended the Engineer should not
200524 - hold independent discussions with Sletten's subcontractor's. (see also
200525 - discussion below under "Jeff").
200527 -  ..
200528 - Dave evidentally feels Jeff's suggestions warrant a "change order."
200530 -  ..
200531 - I asked explained that Tudor does not have a change order in mind, but
200532 - rather is coordinating the work so that each contractor is not impeded
200533 - by the work of others.  I asked Dave to submit a claim as soon as
200534 - possible, if Sletten is damaged.
200536 -  ..
200537 - Dave was concerned about this.  He explained that his letter of 880915
200538 - was his notice of claim.  I tried to point out that the notice is
200539 - defective in light of the information available.  Dave said Sletten's
200540 - Schedule is erroneous and he hasn't had time to correct it, but will
200541 - as soon as possible to show the winter work and other things that
200542 - demonstrate his point about the importance of doing the Rip Rap
200543 - activity in September instead of December, as shown in the Schedule.
200544 -
200546 -  ..
200547 - Silt Barrier
200548 -
200549 - Dave said Sletten's silt barrier program for work in the river will be
200550 - delivered today.  He believes Sletten should be able to proceed
200551 - without the approval of the affected State Agency.
200553 -  ..
200554 - I asked how this could be done?
200556 -  ..
200557 - Dave indicated that Sletten has already made this submittal and so any
200558 - delay due to the present submittal obligation is due to the Engineer.
200560 -  ..
200561 - I asked him to furnish Slettens records of its prior submittal.
200563 -  ..
200564 - Hopefully this will expedite the process.
200566 -  ..
200567 - Dave will do this.
200568 -
200570 -  ..
200571 - Reviewed Silt Barriar with Jeff; Needs Work ASAP
200572 -
200573 - Jeff wants to do this work as soon as possible.  He asked Sletten
200574 - in a letter of 880912 to submit a plan for performing the work,
200575 - and offered some sequencing factors for consideration in
200576 - formulating their plans.
200578 -  ..
200579 - One of Jeff's concerns is that he will direct Gracon to revise its
200580 - operations needlessly, since Swan has indicated to him that it did
200581 - not intend to proceed in the manner claimed by Sletten.
200583 -  ..
200584 - Paul Robinson
200586 -  ..
200587 - Paul met with Jeff and I on this.
200589 -  ..
200590 - After some discussion, Paul will meet with Jeff tomorrow to evaluate
200591 - the area in question to work out a coordination plan.
200592 -
200593 -
200594 -
200595 -
200596 -
2006 -
200601 -
2007 -

SUBJECTS
Schedule
Time Extensions
Updated Schedule

2205 -
220601 -  ..
220602 - Sletten Maintains it Has Not Prepared CPM Schedule
220603 - Triangular Metal Fabrication, 4 day time extension
220604 -
220605 - Paul explained that work on triangular metal fabrication was critical
220606 - because it was installed in a location where other critical work was
220607 - dependant on its completion.
220609 -  ..
220610 - We looked at Sletten's CPM schedule, per above. ref SDS 0 9291
220612 -  ..
220613 - Triangular metal fabrication is not on the critical path in Sletten's
220614 - schedule.
220616 -  ..
220617 - Paul explained that Sletten's Schedule is not a CPM.  He explained
220618 - that markings which give the appearance of the "critical path," and
220619 - seem to comprise the shortest continuous timeline through the schedule
220620 - is not the actual critical path for the work.  Paul explained that
220621 - Sletten does not intend for the Engineer to base decisions about time
220622 - extensions on the Updated Schedule.  He further maintained that
220623 - despite this fact, Sletten can demonstrate that the claimed 4 days was
220624 - critical to completion.
220625 -
220626 -     [On 880927 Paul Robinson objects to the Engineer's letter
220627 -     confirming Sletten's explanation in the meeting today that the
220628 -     Engineer cannot rely on Sletten's schedule. ref SDS 6 6H8L
220630 -  ..
220631 - Jeff advised that Tudor will consider additional information on
220632 - Sletten's claim for 4 more days to complete the project.
220634 -  ..
220635 - Paul asked what information is required for approval?
220637 -  ..
220638 - Sletten can offer an amended Schedule to demonstrate entitlement to 4
220639 - days time extension due to delays performing work on triangular metal
220640 - fabrication.  If the Engineer accepts the revised schedule for
220641 - approving Sletten's claim for time extension on this matter, the
220642 - Engineer will further rely on the same schedule for coordinating the
220643 - work, and evaluating other time extension claims, per discussion
220644 - above. ref SDS 0 O936
220646 -  ..
220647 - Jeff feels Sletten's decision to award this work to its supplier,
220648 - Metelna may have been flawed because they are located in Europe.
220650 -  ..
220651 - Paul explained this decision was intended to ensure that the new item
220652 - would be compatible with adjacent and integrated equipment.
220653 - ..
220654 - Jeff does not share Paul's concern  but indicated that he is
220655 - unsure whether he would have made a different decision, if he had been
220656 - given the opportunity to pass on the matter.
220658 -  ..
220659 - Paul explained that Jeff, as the Engineer, approved payment for the
220660 - added work under Misc. Metal which resulted in payment to Sletten
220661 - above what it expected based on the added cost it incurred.  He feels
220662 - Sletten is still entitled to extra time because the additional payment
220663 - is less than the liquidated damage cost of 4 days lost time.
220665 -  ..
220666 - I suggested Paul submit the explanation of why he decided to award the
220667 - work to a vendor in Europe rather than obtain it locally; and further
220668 - Sletten should show how the delay it incurred affected the completion
220669 - of the job, that is, demonstrate it is on the critical path of the
220670 - work.
220671 - ..
220672 - Paul said he will do this right away.
220673 -
220674 -
220675 -
220676 -
220677 -
2207 -

SUBJECTS
Payment Backfill Concrete
Notice to Contractor
to Submit Claim

2405 -
240601 -  ..
240602 - Claim for Backfill Concrete
240603 -
240604 - Paul plans to meet with Jeff tomorrow to survey the drill holes for
240605 - determining the amount of overexcavation
240606 -
240607 -
240608 -
240609 -
240610 -
240611 -
240612 -
240613 -
240614 -
240615 -
240616 -
240617 -
2407 -