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


S U M M A R Y


DIARY: December 12, 1991 10:49 AM Thursday; Rod Welch

Call Engineers for DNRC closeout.

1...Summary/Objective
2...Background
3...Engineering Management Practices
4...Industry Standards and Practice on Duty of Notice
5...Standard of Care
6...Reviewing Contractor's Work


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CONTACTS 
0201 - Thelen, Marrin, Johnson & Bridges  415 392 6320
020101 - Mr. David Buoncristiani, Esq.

SUBJECTS
Voith Contract Closeout
Scope Statement
Engineering Management, 911011
Interview Engineers
Engineering Management, 911011

0507 -
0507 -    ..
0508 - Summary/Objective
0509 -
050901 - Following up today to get more possibilities to solve DNRC's
050902 - engineering management problem.
050903 -
050905 -  ..
0510 -
0511 -
0512 - Harza Engineering
0513 -
051301 - Initial Contact- 11/26/91
051302 -
051303 -    Nick Hernandez    312-831-3190
051304 -    Jim Trawinski  312 831-3388
051306 -  ..
051307 - These guys called Walt for some reason today.  Walt indicated I had
051308 - called to follow up the prior inquiry.  They evidently confirmed Harza
051309 - will not submit a proposal to DNRC on the Broadwater project.
051310 -
051311 -
051313 -  ..
0514 -
0515 -
0516 - David Raffel (915-532-2282)
0517 -
051701 - Protrans Company
051702 -
051703 - David is out.  Left message for him to call back.  He is due back in
051704 - the office on Dec 15.
051706 -  ..
051707 - Talked to Wayne today, and he seemed to indicate that David Raffel
051708 - has been contacted but has not yet submitted a resume.
051709 -
051711 -  ..
0518 -
0519 -
0520 - Percy Dawson - 415 254 8582      work:  415 442 7421
0521 -
052101 - Recommended by Stone & Webster
052102 -
052103 - Got his wife.  She said he is doing some consulting for MK and is at
052104 - their office on Howard.
052106 -  ..
052107 - I called him and left a message with his secretary.  He is out now.
052108 -
052110 -  ..
052111 - Percy knows Bob Erricolo and has discussed Broadwater with him.
052112 -
052113 -     Charges $50 per hour.  He is doing a consulting assignment for MK
052114 -     on its Idaho job under similar circumstances.
052115 -
052116 -     He would be available to go to Germany the first part of January.
052118 -      ..
052119 -     He will send his resume tomorrow.
052120 -
052122 -  ..
0522 -
0523 -
0524 - John Parmakian - 303 499 5404
0525 -
052501 - Recommended by Stone & Webster
052502 -
052503 -    He cannot travel.  May be a good expert witness.
052505 -     ..
052506 -    He cannot travel for health reasons.  Seems to have good
052507 -    credentials, but his hearing is bad.  He had his wife listen to
052508 -    DNRC's address, but she is blind, and so relayed it to him.
052510 -     ..
052511 -    John may be too infirm to be an active participant in Broadwater.
052512 -
052514 -  ..
0526 -
0527 -
0528 - Called David Bounchristiania
0529 -
052901 - I asked Dave if he knows of anyone at Bechtal we can talk to take over
052902 - for Tudor.
052903 -
052905 -  ..
052906 - David suggested Glenn Tarbox (415 768 1438)
052907 -
052908 -   He used to be a DWR guy and is real good as a witness.
052909 -
052911 -  ..
0530 -
0531 -
0532 - 1150 called Bechtel - Glenn Tarbox  415 768 1438
0533 -
053301 - Glenn is out.  Talked to his secretary, Jean Hart. She gave me the
053302 - Business Development Manager's name, Chuck Campbell, who reports to
053303 - Glenn.
053305 -  ..
053306 - Chuck's # 415 768 6896         Started to talk to John Schmiedel,
053307 - then Chuck came into the room and I wound up talking to Chuck.
053308 -
053309 -     They wish to be careful in doing work that is related to other
053310 -     engineers.  He believes Jack Cassidy spoke with DNRC's Rick Bondy
053311 -     previously on this.
053313 -      ..
053314 -     Chuck will review this matter with Jack and call us today or
053315 -     tomorrow morning for sure.
053316 -
053318 -  ..
0534 -
0535 -
0536 -
0537 - George Bingham in Portland          503 657 1384
0538 -
053801 - I talked to George Cathey.  He said George is in Massachussets today,
053802 - and suggested we talke to Jim Greenman, senior principal in their
053803 - engineering firm, who will be back later today.
053804 -
053806 -  ..
053807 - I advised that George was recommended by Ted Critikos at Stone &
053808 - Webster.
053809 -
053810 -
053812 -  ..
0539 -
0540 -
0541 -
0542 - Black and Veetch - David Still- (913-339-2000; fax 2934)
0543 -
054301 - Dave was called to solicit B&V's proposal for Broadwater.  However,
054302 - the discussion became an interesting consideration of industry
054303 - standards for providing engineering services, particularly shop
054304 - drawing review.  Dave is well spoken and inciteful.
054305 -  ..
054306 - Background
054307 -
054308 - Dave evidently called on Dec 2, 1991, and declined to submit a pro-
054309 - posal because of conflicts and lack of availability of key personnel.
054310 -
054311 -
054312 - I explained further the scope of work DNRC needs:
054313 -
054314 -    Voith is a client under contract on another project.  The work is
054315 -    complete but the contract is not closed.  I suggested B&V could
054316 -    ask Voith if they would feel okay about B&V working on Broadwater
054317 -    for DNRC.  Dave indicated this might be done.
054318 -
054320 -  ..
054321 - B&V do not have personnel.
054322 -
054323 -    Dave indicated howver, that the guy they need to have work on the
054324 -    project is not available.  We discussed this at some length.  I
054325 -    pursued it because Dave's approach to the task of "Engineering" as
054326 -    noted below, is compatible with DNRC's situation.  Dave will
054327 -    consider further whether they can come up with someone and call us.
054328 -
054329 -
054330 -
0544 -
0545 -

SUBJECTS
Voith Contract Closeout
Engineering Management, 911011
Opinion Contract Requirements,
Industry Standards, 911005
Expert opinions
Submit Shop Drawings for approval, review

1008 -
1009 - Discussion with Dave Still of B&V
101001 -  ..
101002 - Engineering Management Practices
101003 - Industry Standards and Practice on Duty of Notice
101004 -
101005 - I explained the need on this project to determine whether the speed
101006 - increaser complys with the contract.  This worked its way into an
101007 - interesting discussion on the process, duty and scope of engineering
101008 - review of contractor submittals and oversight of the actual work.
101010 -  ..
101011 - Dave feels that if the specifications say the contractor should submit
101012 - shop drawings and that the work should meet certain specifications,
101013 - then the Engineer is obligated to require the contractor to submit the
101014 - shop drawings and to determine whether the shop drawings show the work
101015 - complys with the requirements of the contract.  If the engineer needs
101016 - assistance, he should obtain it and give his recommendation on his
101017 - best judgement of the evidence offered by the contractor and anyone
101018 - else he feels can contribute to resolving the matter.
101019 -
101021 -  ..
101022 - Standard of Care
101023 - Reviewing Contractor's Work
101024 -
101025 - Dave indicated strongly that the failure of the speed increaser
101026 - indicates that the Owner needs to be very careful to make sure the
101027 - corrective work is properly performed.  He noted that sometimes
101028 - contractor's on repairs will try to cut corners because the cost cuts
101029 - into their profit margins.
101030 -
101031 -
101032 -
101033 -
101034 -
101035 -
101036 -
101037 -
101038 -
1011 -
Distribution. . . . See "CONTACTS"