THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: September 27, 1988 08:30 AM .......; Rod Welch

Worked at BPP on various matters.

1...Summary/Objective
2...Meeting Notes Review and Revise for Distribution
3...Meeting Clarifications Sletten Schedule on Critical Path
4...Document Review Engineer Respond Contractor Maintain Progress of Work
5...Change Order and Claim Review with Contractor
6...Tudor San Francisco Office Submitting Documents on DTL Claim Findings
7...Curb Ring Installation Manufacturer's Instructions Failure Perform
8...Contractor Failure to Perform Requirements Curb Ring Installation
9...Office Trailer Procurement Project Engineer Management Support
10...Called Vendor for Pricing Office Trailer Project Engineer
11...Furnishings
12...Utilities
13...DNRC Counsel Meeting to Review Pending Issues and Plan Strategy
14...Safety Reviews Ladder Not Tied Off Injury Broken Wrist
15...Injury Broken Wrist Requires Hospitalization Recovering
16...Cofferdam Scour Safety Risk Damage Collateral Gracon Contract Work
17...Coordinate Concrete Pours between Sletten and Gracon Contracts


..............
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CONTACTS 
0201 - Tudor Engineering Company                                                                                                                                          O-00000389 0102
020101 - Mr. Jeff Ghilardi; Resident Engineer                                                                                                                             O-00000389 0102

SUBJECTS
Diary Procedures General Management

0403 -
0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 4 0000.
040502 -
040503 -
040504 -
040506 -  ..
0406 -
0407 -
0408 - Progress
0409 -
040901 - Meeting Notes Review and Revise for Distribution
040902 -
040903 - Reviewed meeting Notes for 880922, ref 4, with Jeff and developed
040904 - changes and corrections he felt were necessary.  He pointed out that
040905 - Bill Merriman may have taken a softer position with respect to
040906 - refusing to perform the directive contingent upon getting Gracon's
040907 - insurance certificates.
040909 -  ..
040910 - Norm Barnard checked his notes.  We were unable to get definitive data
040911 - on it, so revised the language to make it less positive on this point.
040912 -
040913 -
040914 -
040915 -
0410 -

SUBJECTS
Diary Procedures General Management

0503 -
050401 -  ..
050402 - Meeting Clarifications Sletten Schedule on Critical Path
050403 -
050404 - Follow up ref SDS 1 7458.
050405 -
050406 - Paul Robinson responded to Tudor's letter, ref 10, advising that the
050407 - Engineer's understandings from the meeting on 880919 that the Engineer
050408 - and the State cannot rely on Sletten's critical path schedule to plan
050409 - the work of other contractors, to take actions that support and do not
050410 - interfere with Sletten's schedule, and to evaluate Sletten's claims
050411 - for contract time extensions, ref SDS 1 9291, misconstrue Sletten's
050412 - position.
050414 -  ..
050415 - Paul does not say what representation in the record on 880919
050416 - presents Sletten's position incorrectly, and how anything should be
050417 - changed.
050419 -  ..
050420 - Called Paul for clarification of his letter today.  Apparently he is
050421 - off site today in Great Falls.
050423 -  ..
050424 - Discussed this with Jeff.
050426 -  ..
050427 - Decided to discuss at the next progress meeting requirements for
050428 - scheduling that enables the Engineer to coordinate the work.
050429 -
050430 -
050431 -
050432 -
050433 -
050434 -
0505 -

SUBJECTS
General Management

0603 -
060401 -  ..
060402 - Document Review Engineer Respond Contractor Maintain Progress of Work
060403 -
060404 - Asked Joanne if Paul Robinson sumbitted the list of outstanding
060405 - letters?  She said it hasn't come in yet.
060407 -  ..
060408 - I called Paul and asked if we could get together today and review any
060409 - information or letters Sletten shows to be pending from Tudor.
060411 -  ..
060412 - Paul said that after he did the document review to develop Sletten's
060413 - list of change orders, he found there are no other documents that
060414 - Sletten feels are outstanding from Tudor.  Paul asked why the list is
060415 - needed.
060417 -  ..
060418 - I explained that Tudor wants to make sure that Sletten isn't being
060419 - held up because of information it feels is needed from the Engineer.
060421 -  ..
060422 - Paul said that after his document review (for Change Order matters)
060423 - nothing came up on this.  He feels the Change Order list shows the
060424 - main information Sletten needs.
060425 -
060426 -
060427 -
060428 -
0605 -

SUBJECTS
Change Order Review

0703 -
070401 -  ..
070402 - Change Order and Claim Review with Contractor
070403 -
070404 - Paul was in the office about 1600 to discuss change order 4 with Jeff.
070406 -  ..
070407 - During their meeting I asked Paul to meet tomorrow about 1400 to
070408 - review with him Slettens positions for seeking time extensions and
070409 - extra cost on the list of pending change orders he submitted, ref 7.
070411 -  ..
070412 - He agreed we could meet at Sletten's field office tomorrow at 1400.
070413 -
070414 -
070415 -
070416 -
0705 -

SUBJECTS
DTL Dispute, Notice Tudor to Voith of Sletten Assembly Schedule

0803 -
080401 -  ..
080402 - Tudor San Francisco Office Submitting Documents on DTL Claim Findings
080403 -
080404 - Talked to Ron Dusterdick this afternoon and explained the need for a
080405 - submittal from Tudor to Voith of Sletten's 880406 CPM schedule.
080406 -
080407 - Ron said he believes a transmittal was prepared by SF Tudor.  He will
080408 - send a copy.
080410 -  ..
080411 - This is needed to complete the record with respect to the Engineer's
080412 - Findings of Fact.
080414 -  ..
080415 - Send Ron D. confirmation re DTL Sledtten schedule to Voith.
080416 -
080417 -
080418 -
080419 -
0805 -

SUBJECTS
Curb Ring Tolerance Dispute Following Voith's Instructions
DNRC Legal, views General

1004 -
100501 -  ..
100502 - Curb Ring Installation Manufacturer's Instructions Failure Perform
100503 - Contractor Failure to Perform Requirements Curb Ring Installation
100504 -
100505 - Discussed Sletten's letter, ref 8, with Jeff.
100507 -  ..
100508 - Sletten is refusing to comply with the Engineer's directions on
100509 - installing the Curb Ring.  Jeff read the letter carefully and
100510 - concurred.  He intends to meet with Dave Marsh, Sletten's assistant
100511 - project manager, and clairfy what he wants.
100513 -  ..
100514 - Discussed conflict between the Engineer's (Jeff) decision to have
100515 - Voith begin providing manufacturer's guidance on October 17 for curb
100516 - ring assembly, as called out in the specifications, and Sletten's
100517 - letter disclosing intent to construct the curb ring according to its
100518 - own "standard procedures."
100520 -  ..
100521 - Called Sarah Bond back about this matter.
100523 -  ..
100524 - Discussed Sletten's notice regarding requirements for the Contractor
100525 - to perform installation of Voith equipment, in this case the Curb
100526 - Ring, under consultations with Voith Field Representatives.
100528 -  ..
100529 - Sletten's letter of 880926 notifies the Engineer that the Contractor
100530 - refuses to follow the Engineer's directive to install the Curb Ring
100531 - according to Voith's instructions.  Paragraphs #18 - #21 of Sletten's
100532 - letter characterize page 3 of Jeff's letter as "verbal changes" to the
100533 - contract, even though the Engineer's letter merely directs Sletten to
100534 - follow contract provisions to follow manufacturer's instructions for
100535 - installing the manufacturer's equipment.
100537 -  ..
100538 - The Engineer needs legal opinion on finding that Sletten is refusing
100539 - to perform, or is indicating inability to perform requirements that
100540 - are critical to complete the work.
100542 -  ..
100543 - Sarah generally agreed that the Engineer would be justified under the
100544 - contract to remove the work from Sletten for failure to perform, and
100545 - award the work to another contractor in order to maintain progress of
100546 - the work, and ensure the work is done correctly by following
100547 - manufacturer's instructions.
100548 -
100549 -
100550 -
1006 -

SUBJECTS
Office Space
GC furnish additional

1304 -
130501 -  ..
130502 - Office Trailer Procurement Project Engineer Management Support
130503 - Called Vendor for Pricing Office Trailer Project Engineer
130504 -
130505 -
130506 - Pierce Flooring
130507 - Great Falls, Mt
130508 - 406 727 3832
130510 -  ..
130511 - Talked to Joe
130513 -  ..
130514 - Unit description
130516 -  ..
130517 - 8' x 20' single room trailer; Suix Falls model  manufacturered in
130518 - 1983.
130520 -  ..
130521 - This is 160 SF which is still less than the additinal 200 SF
130522 - which the Contractor is required to furnish.
130523 -
130525 -  ..
130526 - Has three (3) windows, one door.  It's condition is comparable to
130527 - Gracon's trailer.
130529 -  ..
130530 - Steps and door landing are included.
130531 -
130533 -  ..
130534 - Furnishings
130535 -
130536 - Desk consisting of a top, 24" x 8' supported by two (2) filing
130537 - cabinates with 2 drawers (like Gracon's).
130538 -
130539 - Office chair (wheels, arms, swivel and rocker).
130541 -  ..
130542 - Plan table
130544 -  ..
130545 - Marker board, 24" x 36"
130546 -
130547 -
130549 -  ..
130550 - Utilities
130551 -
130552 - Electric AC and Heat.
130553 - ..
130554 - Requires 220 hook-up by others to Unit electrical panel
130555 -
130556 -
130558 -  ..
130559 - Terms
130561 -  ..
130562 - Monthly rent:                 $210 for 6 month period
130563 -
130564 - (might negotiate to $200 with a week or so delay in approval)
130566 -  ..
130567 - Key refundable key deposit:    $20
130569 -  ..
130570 - Mobilize (in and out)         $600
130572 -  ..
130573 - Approximate price for delivery at @ $2.00 per mile for 140 mile
130574 - trip from Great Falls and $75 set up fee.
130575 -
130576 -
130578 -  ..
130579 - State considers purchase of office unit.
130581 -  ..
130582 - Norm said the State could acquire unit at marginal cost.
130584 -  ..
130585 - Discussed furnishings as above.
130586 -
130588 -  ..
130589 - State claim for monthly payment.
130591 -  ..
130592 - Suggested that State could seek reimbursement for the cost of
130593 - providing additional office space within the limits of the specified
130594 - requirement.
130595 -
130596 -
1306 -
130601 -
1307 -

SUBJECTS
Coordination with Gracon Upstream Cofferdam Access

1603 -
160401 -  ..
160402 - DNRC Counsel Meeting to Review Pending Issues and Plan Strategy
160403 -
160404 - Called Sarah Bond about 1300 and asked for a get acquainted meeting.
160405 -
160406 - Will meet Sarah Bond Thursday, 1000
160407 -
160408 - Want to discuss the State's feeling about this issue and the Engineer's
160409 - duty to furnish insurance certificates to the contractor.
160411 -  ..
160412 - Review with Sarah meeting notes, ref 4 line 100731  re Engineer's
160413 - obligation to furnish proof of Gracon's insurance to Sletten.
160415 -  ..
160416 - Asked Sarah for a copy of a case recently reported in Clark County in
160417 - Nevada, in the 9th Federal Circuit.  It pertains to contractors.
160419 -  ..
160420 - Sarah will try to get a copy of the case.
160421 -
160422 -
160423 -
160424 -
160425 -
1605 -

SUBJECTS
Accident Report Sletten Workman fell from Ladder

1703 -
1704 - 1000
170501 -  ..
170502 - Safety Reviews Ladder Not Tied Off Injury Broken Wrist
170503 - Injury Broken Wrist Requires Hospitalization Recovering
170504 -
170505 - A Sletten workman was being hoisted by the crane from the powerhouse.
170506 - He was in the safety hoisting basket.  Once on the ground he was in
170507 - shock.  Sletten's management (Kieth, Dave, Paul) and other workmen
170508 - were attending to him and finally put him in Tudor's office trailer
170509 - until the ambulance arrived.
170511 -  ..
170512 - A paramedic showed up about 20 minutes later and said the ambulance
170513 - broke down on the way.  She got a ride from someone.
170515 -  ..
170516 - By that time the workman was somewhat recovered from shock and was
170517 - sitting up.
170519 -  ..
170520 - The ambulance finally arrived about 20 minutes later.  The workman was
170521 - taken to the hospital and I understand he was reported to have a
170522 - broken wrist bone.
170524 -  ..
170525 - Kieth indicated he understands the workman fell because he did not tie
170526 - his laddeer off as he should have.
170528 -  ..
170529 - Need to discuss Tailgate Safety meetings scope at progress meeting
170530 - tomorrow.
170531 -
170532 -
170533 -
170534 -
1706 -

SUBJECTS
Safety, Notice Damage
to Cofferdam, Scour

1804 -
180501 -  ..
180502 - Cofferdam Scour Safety Risk Damage Collateral Gracon Contract Work
180503 -
180504 - Reviewed Sletten's notice of damage to the cofferdam, ref 11, and
180505 - discussed with Jeff.
180507 -  ..
180508 - Sletten contends the cofferdam is being "undermined" by increased
180509 - flows resulting from the Gracon contract which requires that flows be
180510 - diverted from the portion of the dam spillway where work is underway.
180512 -  ..
180513 - Jeff has directed Sletten to replace the lost material erroded by the
180514 - river action and to monitor and report the situation.
180516 -  ..
180517 - Should discuss payment and safety at Progress meeting tomorrow.
180518 -
180519 -
180520 -
1806 -

SUBJECTS
Coordination with Gracon
& Sletten Concrete Pours

2004 -
2005 - 1600
200601 -  ..
200602 - Coordinate Concrete Pours between Sletten and Gracon Contracts
200603 -
200604 - Jeff requested calling Dave Marsh to coordinate concrete pouring
200605 - operations with Gracon.  Gracon wants to pour tomorrow if Sletten is
200606 - not pouring.  Jeff also advised that he believes Sletten is not ready
200607 - to pour tomorrow, but is obstructing Gracon's work, because they were
200608 - the successful bidder for the dam contract, which Sletten wanted.
200610 -  ..
200611 - Called Dave and asked about coordinating concrete pours tomorrow with
200612 - Gracon.
200614 -  ..
200615 - Dave advised that Sletten has several pours to make.  He doesn't know
200616 - if they will be ready to make these pours tomorrow.  If they are
200617 - ready, they intend to pour.  Dave, also, indicated that Gracon might
200618 - be able to pour tomorrow, even if Sletten also pours concrete.  There
200619 - was no discussion at this time on whether the batch plant has enough
200620 - capacity and trucks to enable pours for multiple contracts on the same
200621 - day; nor how access could be arranged for concrete trucks to Gracon's
200622 - work, if Sletten's concrete pours block access.
200624 -  ..
200625 - Dave suggested contacting the batch plant foreman and see if Sletten's
200626 - proejct manager, Kieth, has scheduled a pour for tomorrow.
200628 -  ..
200629 - Called the batch plant.  He said Sletten has scheduled several pours
200630 - for tomorrow.
200632 -  ..
200633 - Contacted Dale Harrington, Gracon's project manager.
200635 -  ..
200636 - Had to look for him because he didn't answer the phone.  Checked the
200637 - dam, but finally found him back at his trailer.
200639 -  ..
200640 - Dale advised that Gracon cannot pour tomorrow because the larger pump
200641 - truck they have ordered to try again to pump from the edge of the
200642 - cofferdam, reported it broke down in Wyoming and so cannot make it for
200643 - tomorrow.
200645 -  ..
200646 - Reported to Jeff and recommended discussing coordination of concrete
200647 - pours at the meeting tomorrow.
200648 -
200649 -
200650 -
200651 -
200652 -
2007 -
2008 -
2009 -
Distribution. . . . See "CONTACTS"