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


S U M M A R Y


DIARY: September 20, 1996 10:00 AM Friday; Rod Welch

Meeting COE, Dutra and Port of Oakland re dredging project RFP.

1...Summary/Objective
2...Contractor Owes Credit for Differing Quantities at Disposal Sites
3...No New Support/Justification Offered for Contractor's Proposal
4...Contractor's Proposal Needs Justification to Support an Audit
5...Payment Status Separate Meeting


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CONTACTS 
0201 - Port of Oakland
020101 - Mr. Bob Andrews
0202 - Corps of Engineers, SFD            415 977 8400 fax 3449
020201 - Mr. Thompson F. Keesling; Architect =415 977 8473
020202 - Construction - Operations Division   =415 977 8480
0203 - Corps of Engineers, SFD            415 977 8400 fax 8483
020301 - Mr. Thomas Benero; Chief =415 977 8511; Contracting Division
020302 - Ms. Ofelia R. Rosales; Contracting Officer =415 977 8499
020303 - Contracting Division
020304 - Ms. Monti Jaggers; Contracting Officer =415 977 8511
020305 - Contracting Division
0204 - Dutra Dredging Company             415 721 2131 fax or 800...
020401 - Mr. Robert D. Johnston; President

SUBJECTS
Corps of Engineers, SFD
Present COE Analysis to Contractor, Meeting 96092001
Disputes 52.233-1; Changes 52.243-4
CHANGES AND CHANGED CONDITIONS, 52.243-5
0020   Combine RFPs 9-11 and 960312 letter

0807 -    ..
0808 - Summary/Objective
0809 -
080901 - Followed up work at ref SDS 3 line 59, ref SDS 2 line 58.
080902 -
080903 - COE explained analysis showing the Contractor owes a credit which is
080904 - not reflected in the Contractor's submittal.  Contractor offered no
080905 - justification at the meeting to support increased payment.  The
080906 - Contractor will re-submit its proposal to comply with requirements for
080907 - justifying an audit to determine an equitable adjustment to the
080908 - Contractor.
080909 -
080910 -      [On 961001 follow up at progress meeting, ref SDS 8 6933.]
080911 -
080912 -
080913 -  ..
0810 -
0811 -
0812 - Discussion
0813 -
081301 - Contractor Owes Credit for Differing Quantities at Disposal Sites
081302 -
081303 - Tom Keesling presented COE analsys of Dutra's submittals, including
081304 - the credit of approximately $400K owed by the Contractor under the
081305 - changes in quantities of hard and soft materials encountered, as
081306 - submitted by Dutra.
081307 -
081308 -    (Government position reflects claim team meeting on 960916 with
081309 -    sponsor. ref SDS 1 8857)
081310 -
081311 -    [On 960922 reviewed RFP Mar 12, 1996, p. 2, ref SDS 4 4004]
081312 - ..
081313 - Bob Johnston agreed that Dutra owes the Port an adjustmnet based
081314 - on changes in the quantities of material to be hauled to the various
081315 - contract disposal sites.
081316 -
081317 -
081318 -  ..
081319 - No New Support/Justification Offered for Contractor's Proposal
081320 -
081321 - Bob Johntson seemed to object to characterization of Dutra's requests
081322 - for additional payment as being a "claim," since Dutra is responding
081323 - to an RFP.
081324 -
081325 - Bob Johnston commented on the thoroughness of COE's drawings prepared
081326 - by Tom Keesling for analysis of Dutra's claim.  He did not offer
081327 - information nor explanations during the meeting to contest COE
081328 - analysis on 960919... ref SDS 1 8857  There was no apparent offering
081329 - of justification for increasing the unit price of quantities relative
081330 - to the character of material encountered. However, Mr. Johnston
081331 - related that Dutra has "production reports" in its office which he did
081332 - not bring with him, but which he feels support Dutra's request for
081333 - additional payment under the RFP.
081334 -
081335 -      [On 960926 discussion with CN Tom Benero, ref SDS 7 7793.]
081336 - ..
081337 - Mr. Johnston observed that COE and Dutra should compromise "in
081338 - the middle" between their respective calculations of payment under the
081339 - situation that has developed on the project relative to the RFP and
081340 - Dutra's notices of "changed conditions."
081341 -
081342 -
081343 -  ..
081344 - Contractor's Proposal Needs Justification to Support an Audit
081345 -
081346 - Tom Keesling advised that Dutra needs to submit its claim in a form
081347 - that can be audited.  Monti Jaggers noted that the required form was
081348 - submitted to Dutra with the RFP.
081349 -
081350 -     [On 960922 source for COE RFP 960312, ref SDS 4 6693]
081351 -
081352 - Bob Johnston said Dutra will re-submit its proposal to meet this
081353 - requirement.
081354 -
081355 -      [On 961003 received letter dated 960926, ref SDS 9 5006; progress
081356 -      meeting on 961009 indicated Dutra's 960926 letter was not full
081357 -      response. ref SDS 10 6301]
081358 - ..
081359 - Mr. Johntson indicated an expectation that COE audit can be
081360 - completed within 30 days.  He expects Dutra can quickly assemble
081361 - information that justifies entitlement to additional payment.  He is
081362 - anxious for COE to expedite contract audit procedures once Dutra has
081363 - re-submitted its claim with adequate justification to warrant an
081364 - audit.
081365 -
081366 -
081367 -
0814 -

SUBJECTS
Mobilization, Payment, 252.236-7004

1104 -
110401 -  ..
110402 - Payment Status Separate Meeting
110403 -
110404 - Following this meeting Tom Benero and Rob Andrews met separately with
110405 - Bob Johnston to discuss Dutra's request for immediate payment of
110406 - demobilization funds, per the explanation at the Claim Team meeting
110407 - yesterday, ref SDS 1 9666 and ref SDS 2 8333
110408 -
110409 -     [On 960923 follow up. ref SDS 5 5200]
110410 -
110411 -     [On 960925 solutions being weighed. ref SDS 6 5953]
110412 -
110413 -
110414 -
Distribution. . . . See "CONTACTS"