CONTACTS 
0201 - San Diego Water Authority          619 480 2242 fax 9867
020101 - Mr. Norman Barnard, P.E.

SUBJECTS
Voith; State Claims; Contract Review
Contract v. Warranty; Claims by Owner
against Tudor; Submittals
Submittals
Post Award Improper Changes
Submittals, complete review, 911118

0908 -    ..
0909 - Summary/Objective
0910 -
091001 - Called Norm for his understandings on a few matters that have
091002 - come up in relation to the Voith contract on submittals and
091003 - scheduling, per ref OF 1 and 2.
091004 -
091005 - Following are Norm's comments.
091006 -
091007 -
0911 -
0912 -
0913 - Tudor Submittal Log
0914 -
091401 - I explained preliminary findings on 911116. ref SDS 1 4912
091402 -
091403 - Why didn't Tudor submittal log show "due" dates?
091404 -     ..
091405 -     He was not aware that Tudor did not post due dates ("SCHED")
091406 -     in its submittal logs.  This was never an issue during the job.
091407 -
091408 -     Norm recalled being aware that Tudor raised concerns from time to
091409 -     time about Voith submittals, but Tudor did not indicate to him
091410 -     that any unusual problems existed that needed Owner attention or
091411 -     action.
091412 -
091413 -
091414 - Did DNRC ever object to delays in Voith submittals, and ask Tudor
091415 - about directing Voith to perform submittal requirements -- did Tudor
091416 - ever indicate Voith should be excused from any submittal requirements
091417 - for any reason, such as there not being enough time?
091418 -
091419 -     Norm said that Tudor never indicated that Voith was behind
091420 -     schedule for making submittals, and Tudor never told DNRC that
091421 -     Voith was excused from any of the contract submittal requirements,
091422 -     or that any such requirements were not necessary or were too
091423 -     stringent. Tudor always maintained to DNRC that Voith was required
091424 -     to perform all of the contract submittal requirements.
091425 -     ..
091426 -     Norm recalls that "Contract Management" bid item (#44) was
091427 -     included so bidders would provide sufficient funds to meet the
091428 -     submittal and scheduling requirements in light of the short
091429 -     construction period and design/build aspects of Voith's job.
091430 -
091431 -         This indicates Voith's failure to perform the submittal
091432 -         requirement, as found at ref SDS 1 line 55, may have been a
091433 -         material breach.
091434 -
091435 - Did Tudor ever discuss holding up payments to Voith for failure to
091436 - furnish timely submittals?
091437 -
091438 -     Norm does not recall this occurring.
091439 -
091440 - ..
091441 - Speed Increaser "shop drawings?"  Why were they not submitted?
091442 -
091443 -     He recalls nothing on this.  He did not know the speed increaser
091444 -     shop drawings were not submitted.
091445 -
091446 -
091447 - Did Tudor ever approve any speed increaser submittals?
091448 -
091449 -     Norm did not know that Tudor rejected Voith submittals on the
091450 -     speed increaser enmasse and that they were never resubmitted by
091451 -     Voith or approved by Tudor, as found on 911116. ref SDS 1 9620
091452 -
091453 -
091454 -  ..
0915 -
0916 -
0917 - DNRC submittals
0918 -
091801 - Did Voith send DNRC a copy of all submittals?  Are these the boxes on
091802 - top of the filing cabinets in his prior office at DNRC.  What happened
091803 - to them?
091804 -
091805 -     Norm recalls that initially Voith made simultaneous submission to
091806 -     DNRC.  This was stopped after awhile because DNRC did not have the
091807 -     expertise to evaluate them, and so the practice was stopped to
091808 -     save expense and storage space.
091809 -
091810 -
091811 -
091812 -
091813 -  ..
0919 -
0920 -
0921 - Speed Increaser Test Report
0922 - Shows Some Non-Compliance
0923 -
092301 - Tudor received on July 12, 1989 after Kurt Sholz' inquiry, factory
092302 - test reports for July 22, 1988, indicating some deficiencies in the
092303 - speed increaser.
092304 -
092305 -     Norm was not aware of this.  He does not recall Tudor informing
092306 -     him of this report.  He also indicated DNRC reassigned him from
092307 -     the job during this period so he may not have been receiving this
092308 -     type of information at that time.  Walt and Steve ______ were on
092309 -     the job then.
092310 -
092311 -
092312 -
0924 -

SUBJECTS
Voith; State Claims
Special Startup Test Engineer
Test Engineer
Startup, 30 day performance

1207 -
120701 -  ..
120702 - DNRC Changed Requirements for Independent Test Engineer
120703 -
120704 - I asked Norm why DNRC agreed to eliminate the independent test
120705 - engineer, and whether Tudor explained the risks? ref SDS 1 9630
120706 -
120707 - Norm did not recall Tudor explaining to him the information in its
120708 - October 27, 1987 letter to Voith indicating the importance of autonomy
120709 - for the Special Test Engineer.
120710 -
120711 - I read Tudor's October 27, 1987 letter.  Norm could not recall those
120712 - points coming to his attention on this matter, although he feels he
120713 - likely saw Tudor's letter.  He said there was so much going on at the
120714 - time, and DNRC had not allocated him full time to the project, in
120715 - order to save money.
120716 -
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120733 -
1208 -