THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: October 4, 1991 09:10 AM Friday; Rod Welch

Meeting with Sarah and Wayne on scope of assignment and DNRC objectives.

1...Summary/Objective
...Policy
2...DNRC Strategy

ACTION ITEMS.................. Click here to comment!

1...submit the mobilization invoice for payment, ref DIP 1 0000.
2...I need to get one of the signed contracts. Think I will just have
3...I suggested she draft a memo setting out her views as a guide for

CONTACTS 
0201 - Department of Natural Resources    406 444 6699 fax 6721
020101 - Mr. Wayne Wetzel
020102 - Ms. Sarah Bond, Esquire
020103 - Department Counsel =406 444 6660; Legal Division

SUBJECTS
General
Welch Consulting Assignment,
Mobilization
Contract, 910915 (DNRC #WE-WC-325)

0506 -    ..
0507 - Summary/Objective
0508 -
050801 - Wayne signed two copies of the contract, ref DIP 3 0000, so Sarah can
050802 - submit the mobilization invoice for payment, ref DIP 1 0000.
050803 -
050804 - I need to get one of the signed contracts.  Think I will just have
050805 - Sarah mail it to world headquarters.
050806 -
050807 - We discussed my assignment as set out below.
050808 -
0509 -

SUBJECTS
Claims by State Against Voith
Close out of contract
Legal overview, strategy and opinion
Contract Price, Final Determination
Support Tudor Contract
Closeout Letter of 891005,

0809 -   ..
080901 - Sarah explained her immediate objective for Welch to research
080902 - the DNRC records for evidence that supports a letter prepared by Clyde
080903 - Earnest dated 891005 that sets out damages DNRC has incurred that were
080904 - caused by VOITH, ref DRT 1 0000.
080905 -
080906 -   Policy
080907 -
080908 -   For management purposes, will treat documents not issued by DNRC as
080909 -   "received" even though Tudor was acting on behalf of DNRC.  So this
080910 -   document is DRP
080911 -
080912 -   Will begin logging documents received previously, as "Received
080913 -   Today" so they are in the system.
080914 -
080915 -
080916 -  ..
080917 - DNRC Strategy
080918 -
080919 - Sarah cited a number of issues which appear to have potential for
080920 - recovery against Tudor, but seemed to indicate a strategy to support
080921 - Tudor as the Engineer for an action against Voith.  She further
080922 - explained a line of reasoning that covers a variety of issues for
080923 - resolving claims against Tudor and Voith, and to complete the work on
080924 - Broadwater Dam.
080925 -
080926 - I suggested she draft a memo setting out her views as a guide for
080927 - beginning the Welch project.  She agreed to do this.
080928 -
080929 - I will in the meantime begin by developing support for the Tudor
080930 - October 5, 1989, letter to DNRC on Clossing Out the Voith contract,
080931 - ref DIT 1 0000.
080932 -    ..
080933 -    This letter responds to DNRC's request for Tudor to advise
080934 -    the Department about making payments to Voith, ref DIT 2 0000.
080935 -
080936 -
080937 -

SUBJECTS
Claims by State Against Voith
Late completion, presumed damages
Termination of Tudor; Failure to Perform
Punch List Corrections by Voith
Notices to Cure

1108 -   ..
110801 - Norm Bernard mentions in his letter on 890919 that Voith made
110802 - corrections in the field that were not reviewed or approved by Tudor.
110803 - They are welding steel plates on the pit pier I-beams, as a noise
110804 - abatement effort.
110805 -
110806 - Norm cites previous verbal notice to Tudor that DNRC expects Tudor to
110807 - review and approve all such corrections to Voith's defective work.
110808 -
110809 - This shows Voith was performing major work at least as late as
110810 - September 18, 1989, well after the Full Operation Date determined by
110811 - Tudor.
110812 -
110813 -
110814 -
110815 -
110816 -
110817 -
110818 -
110819 -
110820 -
110821 -
110822 -
110823 -
1109 -
Distribution. . . . See "CONTACTS"