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


S U M M A R Y


DIARY: November 19, 1996 10:00 AM Tuesday; Rod Welch

Progress meeting -42' Navigation Improvement, Oakland Harbor.

1...Summary/Objective
2...Project Status: Ocean Disposal in Progress; Dutra Demobilizing Liberty
3...Galbraith Being Tested; Dutra to Submit Plan for Todd/Schnitzer
4...Soft Material Completed in IC 10, 11, 12; QC Reports to Be Corrected
5...Shoaling Accumulating in Partially Dredged Areas
6...Procedures Under Review on Intent of Acceptance
7...Dutra and Port Inquire About Purpose of Communication Metrics
8...Status Navy Sewer Line: Input Due from Dutra on UPRR Permit
9...COE Using Communication Metrics to Align Work with Requirements
10...Dutra Requests Single Point of Contact; Focused Progress Meetings
11...Contract Management Plan from Dutra Input for Project Mngmnt Plan
12...Dutra Quality Control Reporting May be Improving
13...Dutra will Submit Notice of Change in QC Manager Per Contract
14...Dutra Directed to Submit Changes to QC Plan Re "Floaters"
15...Dutra Furnished Updated Submittal Register
16...Dutra Requests Intent of Dredging Plan of Operations
17...Dutra Has Not Notified COE of Schedule to Use Clamshell Mud Bucket
18...Project Management Meeting Requires Adequate Preparation
19...Dutra Offers Constructive Acceptance Plan to Update Progress Schedule
20...Action Item Review Held on 961118; Work in Progress
21...Dutra Must Submit Plan to Perform Work under RFP 19
.................Cleanup and abatement Order No. 96-148
22...Testing Has not Shown Creosote/PAH Causes Hazardous Effluent
23...Solutions Proposed to Resume Work at Galbraith
24...Dutra Moving Liberty Unloader to Another Project Until OA April 1997
25...Contract Permits Effluent Testing Delays of Up to 20 Days
26...Parking Access at Galbraith Driving Range Closed on 961125 & 26
27...Emergency Phone Numbers for Galbraith Submitted
28...Leak of Contaminated Material Need Not Be Removed
29...Ship Pembina Does Not Warrant Demobilizing Liberty Offloader
30...COE to Review Dutra's Report on Safety Event
31...Lighting Needed on Galbraith Pipeline Reported Fixed
32...Training of Ocean Tow Tug Captains
33...RFP 20 Assists Dutra's Proposal on Change in Bid Item Descriptions

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

1...COE will review Dutra's Submittal Register and comment.
2...Bob Johnston advised at the meeting today that Dutra is performing
3...Gahagan & Bryant who reported the need for this correction will

CONTACTS 
0201 - Dutra Oakland Project Ofc          510 522 3758 fax or 800...
020101 - Mr. Ken Esse; Safety Engineer =510 522 2378
020102 - Mr. Jack Fink; =510 522 2378
0202 - Dutra Oakland Project Ofc          510 522 3758 fax or 800...
020201 - Mr. Dan Chow; =415 721 2139
0203 - Dutra Dredging Company             415 721 2131 fax or 800...
020301 - Mr. Robert D. Johnston; President
020302 - Mr. James J. Galli, P.E.; Manager =415 258 1583
020303 - West Coast Dredging    =Telephone/fax
0204 - Gahagan & Bryant Associates, Inc.  415 883 7683 fax 1589
020401 - Mr. Rob Greybill; =415 883 7683
0205 - Port of Oakland                    510 272 1100 fax or 800...
020501 - Ms. Gail R. Staba; Environmental Planner =510 272 1479
020502 - Mr. Mike Morely; =510 577 4318
0206 - Port of Oakland                    510 272 1100 fax or 800...
020601 - Mr. Rob Andrews; Engineering Project Manager =510 272 1166
0207 - Corps of Engineers, Sausalito      415 331 0404 fax or 800...
020701 - Mr. Leonard SooHoo, P.E.; Chief; Construction Service Branch
0208 - Corps of Engineers, Sausalito      415 331 0404 fax or 800...
020801 - Ms. Terrie Reys; Administration  =Telephone/fax
0209 - Corps of Engineers, Sausalito      415 331 0404 fax or 800...
020901 - Mr. Mike Murphy; Project Engineer
020902 - Construction Service Branch =Telephone/fax
0210 - Corps of Engineers, SFD            415 977 8400 fax 8483
021001 - Mr. Marc McGovern; Construction Manager =415 977 8467
021002 - Construction Operations Division   =415 977 8480

SUBJECTS
Corps of Engineers, SFD, Oakland Project
Weekly Progress Meeting, 961119

0404 -    ..
0405 - Summary/Objective
0406 -
040601 - Follow up ref SDS 13 0000, ref SDS 9 0000.
040602 -
040603 - Antone is working in OC 10 on ocean disposal. Paula Lee stopped work
040604 - in Todd/Schnitzer and in IC 10, 11 12, prior to reaching plan grade,
040605 - and is being fitted for work on Ocean disposal dredging.  Dutra did
040606 - not submit methodology to perform RFP #19 to remove concentrated
040607 - debris in Todd/Schnitzer Wings.  No causal relation has been found
040608 - between material in Todd/Schnitzer Wings and testing of effluent at
040609 - Galbraith.  Dutra reported unspecified concerns about hazardous
040610 - materials in Todd/Schnitzer Wings for which there is no apparent
040611 - support in the record.  Dutra reported it is moving its Liberty
040612 - Unloader needed to complete work at Galbraith, to another project in
040613 - Baltimore until oa April 1997, in order to avoid standby costs within
040614 - the 20 day period the contract says the contractor must accept. Dutra
040615 - will meet with COE on 961121 about updating the schedule to complete
040616 - the project.  Project administration under review.
040617 -
040618 -
040619 -
0407 -

SUBJECTS
Commencement, Prosecution, Completion of Work
Galbraith, Disposal

0805 -
080501 - Project Status: Ocean Disposal in Progress; Dutra Demobilizing Liberty
080502 - Galbraith Being Tested; Dutra to Submit Plan for Todd/Schnitzer
080503 -
080504 - Leonard SooHoo reviewed Action Items from 961112 meeting, ref SDS 13
080505 - line 128, as set out below.
080506 -
080507 - Project status issues included:
080508 -
080509 -    a.  The Production report on "Hard Digging" for the period ending
080510 -        961110 was not distributed because Tom White is off site this
080511 -        week,
080512 -
080513 -    b.  Antone is working in OC 10 for ocean disposal; there is no work
080514 -        underway to complete dredging to plan grade the remaining hard
080515 -        material in IC 10, 11, 12 where soft material has already been
080516 -        dredged.
080517 -
080518 -    c.  Port of Oakland memo to COE dated 961115 reports receipt of
080519 -        "Cleanup and abatement Order No. 96-148" dated 961114, ref DRT
080520 -        1 line 159, which prohibits violation of effluent limits at
080521 -        Galbraith, ref DRT 1 line 167 and proposes remedial measures,
080522 -        ref DRT 1 line 305; and, further the Port's memo to COE dated
080523 -        961115 reports efforts to expedite resumption of discharge at
080524 -        Galbraith, ref DRT 1 line 21, which was ordered to stop under
080525 -        COE serial letter #102 dated 961112 to Dutra, ref DIP 9 line
080526 -        29.
080527 -
080528 -    d.  Dutra submitted serial letter #0190 dated 961119, with attached
080529 -        letters from its bonding and general liability sureties that
080530 -        advise Dutra to develop a proper plan for working in the Todd
080531 -        and Schnitzer Wings, ref DRT 3 line 33.
080532 -
080533 -        COE RFP #19 dated 961104 directs Dutra to submit a methodology
080534 -        to perform the work in the Todd and Schnitzer Wings that exceed
080535 -        contract requirements for debris removal, ref DIP 4 line 78,
080536 -        per Dutra's request in its serial letter #174 dated 961007, ref
080537 -        DRP 2 line 26, and per Dutra's description of some material as
080538 -        "gumbo," ref SDS 5 line 454.
080539 -
080540 -        Bob Johnston advised Dutra is testing material from Todd and
080541 -        Schnitzer for hazardous conditions.  Gail Staba reported
080542 -        testing by the Port does not show hazardous materials at this
080543 -        location.
080544 -
080545 -        Dutra has not submitted a methodology for working in Todd and
080546 -        Schnitzer Wings, nor has Dutra submitted a Dredging Plan of
080547 -        Operation for this work which is required by contract provision
080548 -        02480 para 4.2, ref OF 7 line 124.
080549 -
080550 -    e.  Dutra's serial letter #0189 dated 961118 informs COE that the
080551 -        Liberty Offloader will be removed from the Galbraith site for
080552 -        use on another project, ref DRT 2 line 41.  There is no date
080553 -        given for returning the Liberty to Galbraith, nor to resume
080554 -        work at Galbraith; however, Dutra says it will perform the work
080555 -        when environmental concerns are resolved, ref DRT 2 line 58.
080556 -
080557 -
080558 -
080559 -
0806 -

SUBJECTS
Polygon IC 10, 11, 12; Shoaling

1004 -
100401 - Soft Material Completed in IC 10, 11, 12; QC Reports to Be Corrected
100402 -
100403 - There was no report of Dutra having submitted corrected QC reports on
100404 - work in IC 10, 11 and 12, which were requested at the meeting on
100405 - 961112, ref SDS 13 line 218.
100406 -
100407 -
100408 -
100409 -
100410 - Shoaling Accumulating in Partially Dredged Areas
100411 - Procedures Under Review on Intent of Acceptance
100412 -
100413 - Dutra reported the Antone is working OC 10, rather than dredging to
100414 - plan grade in IC 10, 11, 12, and other areas of the Inner Harbor where
100415 - soft material has been previously dredged, but where dredging has not
100416 - yet reached plan grade of at least -42'
100417 -
100418 - This partial dredging results in accumulating new shoaling between the
100419 - date dredging of soft material in an acceptance area is stopped and
100420 - date dredging of hard material is resumed in a particular acceptance
100421 - area, e.g., IC 10, 11, 12.
100422 -
100423 - Dutra and COE met on 961101 to discuss contract requirements for
100424 - acceptance, ref SDS 8 line 318, and more recently on 961113 to
100425 - consider acceptance procedures in connection with Dutra's updated
100426 - schedule to complete the project.  COE serial letter #0014 dated
100427 - 961119 sets follow up meeting for 961121 to develop a practicable
100428 - schedule.
100429 -
100430 -     [COE and Dutra met on 961121 and considered procedures for
100431 -     accepting the work based on a practicable schedule.  Dutra will
100432 -     submit a revised updated schedule on 961213 showing this schedule,
100433 -     ref SDS 17 line 117.]
100434 -
100435 -
100436 -
1005 -
1006 -

SUBJECTS
Service Dredging Equipment
Paula Lee, Service

1205 -
120501 - The Paula Lee is being rigged for work on dredging for ocean disposal
120502 - material.
120503 -
120504 - It is expected to commence production later today.
120505 -
120506 -
120507 -
120508 -
1206 -

SUBJECTS
Communication Metrics
SDS Notes for Weekly Progress Meetings
Objections to Meeting Notes
Superintendence by the Contractor, 52.236-6
Sewer Line Installation
PMP, Project Management Plan
Contract Management Plan (CMP)
Port of Oakland Communication with Dutra

2211 -
221101 -  ..
221102 - Dutra and Port Inquire About Purpose of Communication Metrics
221103 -
221104 - Rob Andrews requested status on the Navy Sewer Line and was
221105 - referred to notes of prior Progress Meetings issued to the Port.
221106 -
221107 - There was discussion about the efficacy and role of Communication
221108 - Metrics on the project.  Rob noted the Port's procedure of hearing
221109 - directly from the Contractor rather than relying on the record and
221110 - consultants.  He cited the Port's stakeholder position in the project
221111 - warrants free exchange at Progress Meetings as partners and/or in
221112 - partnering.
221113 -
221114 -
221115 -  ..
221116 - Status Navy Sewer Line:  Input Due from Dutra on UPRR Permit
221117 -
221118 - Dutra submitted a request to construct the work differently from the
221119 - plan design and noted on 960812 that NSL is fast becoming "critical,"
221120 - ref DRP 1 8402.
221121 -
221122 - COE investigated Dutra's request and on 961015 directed Dutra to
221123 - perform the work according to plans and specs, ref SDS 5 5583; Dutra
221124 - represented to COE that UPRR will not issue a permit to perform the
221125 - work on the alleged grounds that UPRR has concerns about "slope
221126 - stability."
221127 -
221128 - COE noted Dutra's documents show that UPRR did not deny a permit due
221129 - to a defect in COE plans and specs, but rather because Dutra omitted
221130 - critical details in its shoring design submittal necessary to obtain a
221131 - permit, ref SDS 9 7429.  Dutra reported its omissions were corrected,
221132 - yet UPRR continues to refuse a permit. ref SDS 9 5533
221133 -
221134 - Dutra seemed to indicate on 961112 that NSL is no longer "critical,"
221135 - ref SDS 13 7392, and would be performed out of sequence relative to
221136 - its 960903 schedule submission.
221137 -
221138 - COE requested on 961105 that Dutra submit to COE information Dutra
221139 - issued to UPRR for a permit, ref SDS 9 1403.  Dutra has not made this
221140 - submission.  Dutra agreed during an Action Item review meeting on
221141 - 961118 to provide this information to COE by COB 961122, ref SDS 16
221142 - 3333.  COE will take appropriate action.
221143 -
221144 -
221145 -  ..
221146 - COE Using Communication Metrics to Align Work with Requirements
221147 -
221148 - Bob Johnston asked why Communication Metrics is being used on the
221149 - project.
221150 -
221151 - Communication Metrics was explained in COE serial letter #0010 dated
221152 - 961028 issued to Dutra at the Progress Meeting on 961029, ref SDS 6
221153 - 0919.  Communication Metrics is a process to capture and remember
221154 - critical details and correlations with project plans and spec, and
221155 - other requirements, so work can proceed quickly and accurately by
221156 - relying on the record rather than dialog which is subject to error due
221157 - to the vagaries of personal recall, as explained at Progress Meetings
221158 - on 961001, ref SDS 1 6654, on 961015, ref SDS 4 1217, on 961022.
221159 - ref SDS 5 8559
221160 -
221161 -     [On 970107 Bob said Com Metrics was helpful. ref SDS 24 4953]
221162 -
221163 - Marc McGovern advised that COE uses Communication Metrics to track
221164 - daily understandings that become complex over time when performance
221165 - drifts off course from contract requirements.
221166 -
221167 - The daily growth of information from documents, discussion,
221168 - explanations and commitments makes it hard for people to focus on the
221169 - alignment between communications and requirements.  Dutra's 960812
221170 - letter to COE on the Navy Sewer Line reflects this need, citing
221171 - unspecified correspondence and conversations by unidentified people as
221172 - grounds for changing contract requirements, ref DRP 1 4822, see
221173 - analysis on 961010 shown in the record ref SDS 3 4562.  On 961101
221174 - Ralph Gin pointed out the need to track original intent of contract
221175 - provisions and communications on the project, ref SDS 7 3389.
221176 - Communication Metrics meets this need.
221177 -
221178 -
221179 -  ..
221180 - Dutra Requests Single Point of Contact; Focused Progress Meetings
221181 -
221182 - Dutra's letter dated 961107 taking exception to COE form 2626, calls
221183 - for a single point of contact between Dutra and COE, ref DRP 9 8467,
221184 - reduced presence at weekly Progress Meetings, and that the COE Project
221185 - Manager chair the meetings.  On 961029 COE requested that Dutra submit
221186 - communication procedures it wishes to follow, see ref SDS 6 8852 and
221187 - "Contract Management Plan" below.
221188 -
221189 -  See also COE serial letter 0015. ref DIP 11 0863
221190 -
221191 - Gail Staba reported at the Progress Meeting on 961029 on procedures
221192 - the Port is using to communicate with the Contractor through COE...
221193 - ref SDS 6 0750
221194 -
221195 - Bob Johnston asked why Herb Cheong did not attend the meeting today?
221196 -
221197 - Marc McGovern advised that Herb had a schedule conflict today.
221198 -
221199 - COE uses Communication Metrics to focus Progress Meetings on the
221200 - record of performance and to streamline communications by accurately
221201 - connecting summary understandings to the large amount of detail that
221202 - occurs in working complex issues to completion day to day.  This
221203 - enables executives like Herb, Rob, Bob and others to keep apprised of
221204 - progress by reading summaries with the knowledge that accurate details
221205 - can be obtained when needed.
221206 -
221207 -
221208 -
221209 - Contract Management Plan from Dutra Input for Project Mngmnt Plan
221210 -
221211 - COE directed Dutra to submit a Contract Management Plan by 961108.
221212 - Dutra did not do this.  At an Action Item review meeting on 961118
221213 - Dutra advised that its Contract Management Plan would be submitted to
221214 - COE by COB 961122.  Dutra should set out in its plan the procedures it
221215 - wishes to follow to accomplish effective communications, as discussed
221216 - at the Progress Meeting on 961029, ref SDS 6 line 212. [and in COE
221217 - serial letter #0015 dated 961119 re Contractor Unsatisfactory
221218 - Evaluation, form 2626, ref DIP 11 line 96.]
221219 -
221220 - COE is updating its Project Management Plan, and is coordinating with
221221 - the Port of Oakland on procedures to conduct business meetings with
221222 - the contractor, and on other matters to ensure the Port is heard and
221223 - adequately informed.  COE reported at the meeting on 961112 that it
221224 - would also consider Dutra's Contract Management Plan in finalizing
221225 - project procedures, ref SDS 13 line 299, and the meeting on 961029,
221226 - ref SDS 6 line 213.
221227 -
221228 -     [See follow up at ref SDS 23 line 124.]
221229 -
221230 -
221231 -
2213 -

SUBJECTS
Quality Control

2304 -
230401 - Dutra Quality Control Reporting May be Improving
230402 -
230403 - Tom White is not on the project this week and so the status of QC
230404 - reporting was not reviewed today.
230405 -
230406 -
230407 - Dutra will Submit Notice of Change in QC Manager Per Contract
230408 -
230409 - Dutra has not submitted the letter to Tom Benero which Dutra reported
230410 - it submitted to Tom White notifying COE of changing the QC Manager, as
230411 - required by the contract.  [Failure to make timely submissions of
230412 - contract management information was cited by COE's serial letter #0015
230413 - dated 961119 as unsatisfactory performance, ref DIP 11 line 91.]
230414 -
230415 - Dutra advised in an Action Item review meeting on 961118 that it would
230416 - submit this notification by COB 961122, ref SDS 16 line 203.
230417 -
230418 -
230419 -
230420 - Dutra Directed to Submit Changes to QC Plan Re "Floaters"
230421 -
230422 - There seemed to be discussion today that Dutra's letter advising that
230423 - the Liberty Offloader is being removed from the project to work on
230424 - another project, ref DRT 2 line 41, obviates the requirement to comply
230425 - with COE direction in a letter dated 961106 for Dutra to amend its
230426 - Quality Control Plan showing methodology to contain "floaters,"
230427 -
230428 - RFP #19 issued to Dutra on 961104, ref SDS 9 line 626, directs Dutra
230429 - to submit its methodology to remove material from Todd and Schnitzer
230430 - that is beyond the scope of the contract, ref DIP 4 line 78.
230431 -
230432 - COE's directive to change the QC plan to reflect that methodology
230433 - relative to "floaters." remains in effect. [Failure to make timely
230434 - submissions of contract management information was cited by COE's
230435 - serial letter #0015 dated 961119 as unsatisfactory performance.....
230436 - ref DIP 11 line 91.]
230437 -
230438 -
230439 -
230440 -
2305 -

SUBJECTS
Submittal Schedule, Register, Procedures

2604 -
260401 - Dutra Furnished Updated Submittal Register
260402 -
260403 - Bob Johnston submitted at the beginning of the meeting a series of
260404 - documents identified as Dutra's updated Submittal Register.
260405 -
260406 - COE will review Dutra's Submittal Register and comment.
260407 -
260408 -
260409 -
260410 -
2605 -

SUBJECTS
Dredging Plan of Operation
Mud Bucket in Todd, Schnitzer, IC 10 - 12,

2805 -
280501 -  ..
280502 - Dutra Requests Intent of Dredging Plan of Operations
280503 -
280504 - Dutra did not submit a Dredging Plan of Operation for the Todd and
280505 - Schnitzer Wings prior to commencing work, setting out its method of
280506 - handling changed conditions cited in RFP #19, ref DIP 4 line 78.
280507 -
280508 - Dutra's Dredging Plan of Operation (DPO) for the current week was not
280509 - reviewed during the meeting, because Tom White is off the job this
280510 - week.
280511 -
280512 - There was no report that Dutra has corrected prior DPOs which appear
280513 - not to meet contract requirements. ref SDS 13 6933
280514 -
280515 -     [Dutra requested in a meeting on 961121 that COE meet separately
280516 -     to review DPO contract requirements relative to industry practice,
280517 -     and COE agreed to schedule this meeting. ref SDS 17 0578]
280518 -
280519 - Dutra offered no explanation of a correlation between its DPOs and its
280520 - updated schedule, at the meeting on 961113, ref SDS 14 line 123.
280521 -
280522 - Gail Staba's request at the 961112 meeting that the Port received a
280523 - copy of Dutra's weekly Dredging Plan of Operation, was noted, ref SDS
280524 - 13 line 436.
280525 -
280526 -
280527 -  ..
280528 - Dutra Has Not Notified COE of Schedule to Use Clamshell Mud Bucket
280529 -
280530 - There was no report today of Dutra having submitted to COE a letter
280531 - stating its intent to perform work in the areas designated in contract
280532 - section 02480 para 4.3 with the clamshell mud bucket, ref OF 7 line
280533 - 150, as directed by COE serial letter #100 dated 961107, ref DIP 8
280534 - line 36. [Failure to make timely submissions of contract management
280535 - information was cited by COE's serial letter #0015 dated 961119 as
280536 - unsatisfactory performance, ref DIP 11 line 91.]
280537 -
280538 - Dutra may reasonably inquire about the need to submit the letter
280539 - requested by COE in light of having ceased operations with the Antone
280540 - which was not using a clamshell mud bucket, and further in light of
280541 - Dutra's serial letter #0189 dated 961118 giving notice of moving the
280542 - Liberty Unloader to another project, and that Dutra has concerns that
280543 - hazardous materials may have been encountered at the Todd/Schnitzer
280544 - Wings which justify stopping work subject to use of the clamshell mud
280545 - bucket, ref DRT 2 line 41. However, Dutra has not submitted such
280546 - inquiry to COE.  There is nothing in the record showing awareness of
280547 - the requirement or whether Dutra questions scope, as it does for the
280548 - requirement on the Dredging Plan of Operation.  Therefore, timely,
280549 - effective communication requires that Dutra comply with COE serial
280550 - letter #100 to submit its intent to comply with this provision.
280551 -
280552 -
280553 -
280554 -
2806 -

SUBJECTS
Partnering, COE, Port, Dutra
Major Issues, Request Meeting

3005 -
300501 - Project Management Meeting Requires Adequate Preparation
300502 -
300503 - Rob Andrews asked about a "partnering" meeting.
300504 -
300505 - Dutra submitted an agenda for a "partnering" meeting at the weekly
300506 - Progress Meeting on 961029.  COE advised that many of the items Dutra
300507 - lists have been determined by the Contracting Officer, e.g., Navy
300508 - Sewer Line, discussed above, and so require further input from Dutra
300509 - to ensure productive treatment, ref SDS 6 line 379.  COE meets
300510 - regularly to hear Dutra's views and explanation of information needed
300511 - to ensure the correctness of determinations made by the Contracting
300512 - Officer, for example the meeting on 961101, attended by the Port of
300513 - Oakland, discussed scheduling, ref SDS 8 line 144.  At that meeting
300514 - COE DE explained procedures for meeting with Dutra, ref SDS 8 line
300515 - 159.
300516 -
300517 -
3006 -
3007 -

SUBJECTS
Schedule for Construction, 52.236-15
Commencement, Prosecution, Completion of Work
Unsatisfactory Review, Form 2626

3406 -
340601 -  ..
340602 - Dutra Offers Constructive Acceptance Plan to Update Progress Schedule
340603 -
340604 - COE met with Dutra on 961113 and reviewed issues and ideas from
340605 - Dutra's proposed updated schedule submission dated 961108, ref SDS 12
340606 - 4772, and the Progress Meeting on 961112. ref SDS 13 4772
340607 -
340608 - At the meeting on 961113, Dutra maintained there is less than 4M CY to
340609 - complete the work, ref SDS 14 7381, contrary to the report on results
340610 - of GB Star's survey at the 961029 meeting, ref SDS 6 5838. At that
340611 - meeting, Dutra requested that COE provide detailed information from
340612 - Dutra's subcontractor, GB Star, on remaining quantity to dredge in
340613 - each acceptance area so that Dutra can calculate the time needed to
340614 - complete the project.
340615 -
340616 - COE issued serial letter #0014 dated today, 961119, ref DIP 10 0000,
340617 - directing Dutra to make its own determinations of the work required to
340618 - complete the project and to submit its analysis to COE. COE's serial
340619 - letter #0014 directs Dutra to meet with COE on 961121 to discuss a
340620 - series of nine (9) tasks COE directs Dutra to perform in scheduling
340621 - completion of the project.
340622 -
340623 -     [COE and Dutra met on 961121 and considered procedures for
340624 -     accepting the work based on a practicable schedule.  Dutra will
340625 -     submit a revised updated schedule on 961213 responding to COE's
340626 -     serial letter #0014, ref SDS 17 line 117.]
340627 -
340628 -     [COE cites inadequate progress as primary basis for unsatisfactory
340629 -     evaluation of Dutra on COE form 2626, per ref DIP 11 line 46,
340630 -     responding to Dutra's 961107 letter, ref DRP 9 line 26, per
340631 -     discussion at Progress Meeting on 961112, ref SDS 13 line 572.]
340632 -
340633 -     [Dutra responds to COE serial letter #0014 with its letter #0205
340634 -     dated 961213, ref SDS 22 line 104.]
340635 -
340636 -
3407 -

SUBJECTS
Action Item Status

3504 -
350401 - Action Item Review Held on 961118; Work in Progress
350402 -
350403 - Leonard SooHoo reported on results of meeting with Dutra on 961118
350404 - that resulted in agreement on pending Action Items previously
350405 - identified, including the listing by Gahagen & Bryant dated 961030,
350406 - issued to Dutra by COE letter dated 961104, as discussed in the
350407 - meeting last week, ref SDS 13 line 635.
350408 -
350409 - Most items were scheduled for completion by the end of this week,
350410 - 961122.  Complete results of the meeting on 961118 will be published
350411 - to support the notes of this Progress Meeting.
350412 -
350413 -
350414 -
350415 -
3505 -

SUBJECTS
Inner Harbor Work Area, Schnitzer
Todd Turning Basin, Debris Removal
Galbraith Disposal Requirements
0019   Remove concentrated debris Todd and
20 Day Effluent Testing Delays Permitted
Cleanup & Abatement Order #96-148, 961114

4109 -
410901 -  ..
410902 - Dutra Must Submit Plan to Perform Work under RFP 19
410903 -
410904 - Dutra indicated at a meeting with COE on 961113 that creosote and/or
410905 - other substances from the Todd and Schnitzer Wings caused increased
410906 - PAH content at Galbraith which may constitute hazardous materials due
410907 - to correlations with reports of failed tests on the effluent at the
410908 - Galbraith disposal site, ref SDS 14 6388.
410909 - ..
410910 - The Port's memo dated 961115 reports on a meeting last Friday
410911 - where consideration was made of Dutra's theory that PAHs in the
410912 - effluent at Galbraith from dredging operations at the Todd and/or
410913 - Schnitzer Wings were the cause of test failures, ref DRT 1 0000. The
410914 - Port's 961115 memo includes...
410915 -
410916 -                 Cleanup and abatement Order No. 96-148
410917 -
410918 - ...which directs the Port to cease violation of effluent limits at
410919 - Galbraith and prescribes remedial measures that appear to be largely
410920 - administrative, ref DRT 1 6483. (see "Solutions..." below)
410921 -
410922 - Dutra's serial letter #189 dated 961118 notes the coincidence of
410923 - creosote in the Todd and Schnitzer Wings and failed tests at
410924 - Galbraith, described specifically by Dutra at ref DRT 2 7482 as
410925 - follows:
410926 -
410927 -     Currently the Water Quality Control Board has issued a cease and
410928 -     desist order as regards releasing effluent from the area.  Test
410929 -     results have shown significantly high readings of PAHs and
410930 -     correspondingly high mortality rates of the laboratory fish
410931 -     bio-assay.
410932 -
410933 - Dutra further states in its 961118 letter to COE, ref DRT 2 7482:
410934 -
410935 -     We are greatly concerned that the elevated PAHs pose a
410936 -     significant potential liability to us if handled in the current
410937 -     manner.  Our insurance and bonding company have warned us not to
410938 -     expose ourselves to the potential liabilities without further
410939 -     investigation as to the nature of material to be dredged in Todd
410940 -     and Schnitzer Wings and a methodology to safely handle this
410941 -     material.
410942 -
410943 - Dutra has not yet submitted a methodology to perform the work in the
410944 - Todd and Schnitzer Wings, as called out in RFP #19, ref DIP 4 7555.
410945 - ..
410946 - Dutra submitted at the meeting today its serial letter #0190
410947 - dated 961119 that transmits letters from its sureties which cite
410948 - concern about hazardous materials.  A letter from Chartwell Surety
410949 - dated 961119 states at ref DRT 3 7339:
410950 -
410951 -     Bob, the surety would not want you to continue work, if it will
410952 -     increase the liability to you and themselves as a result of
410953 -     increased public or environmental exposure to hazardous materials.
410954 -     Once an acceptable resolution of the removal and disposal of the
410955 -     material is established, the surety would again support the
410956 -     continuation of work.
410957 -
410958 - A second letter attached to Dutra's 961119 letter to COE is from
410959 - Johnson & Higgens dated 961119, and states at
410960 -
410961 -     In light of the serious pollution/contamination exposures you have
410962 -     identified, we urge you to immediately cease any further
410963 -     operations until necessary tests and analyses can be performed to
410964 -     fully understand and deal with the chemical components of these
410965 -     spoils.
410966 -
410967 - There is no apparent indication in Dutra's serial letters dated 961118
410968 - and 961119 of what hazardous materials and/or pollution/contamination
410969 - exposures Dutra has encountered that require or otherwise justify
410970 - stopping work.  The only discussion in the record with respect to this
410971 - matter concerns creosote and PAH readings.
410972 -
410973 - Bob Johnston advised at the meeting today that Dutra is performing
410974 - tests of material at the Todd and Schnitzer Wings, and will submit
410975 - results of its tests when completed.
410976 -
410977 -       [See follow up the next week that test results were not
410978 -       submitted, ref SDS 18 line 518; and on 961203, ref SDS 20 line
410979 -       376.]
410980 -
410981 - Jim Galli recalled that dates of failed testing of Galbraith effluent
410982 - generally correlate to dates of off-loading dredged material from the
410983 - Todd and/or Schnitzer Wings.  He indicated a spreadsheet or other
410984 - compilation has not bee prepared.
410985 -
410986 -       [See follow up the next week that no reports of correlations
410987 -       were submitted, ref SDS 18 line 532.]
410988 -
410989 -
410990 -
410991 - Testing Has not Shown Creosote/PAH Causes Hazardous Effluent
410992 -
410993 - Gail Staba reported today that continual testing by the Port of
410994 - Oakland has not shown that creosote and/or PAH caused failed tests of
410995 - discharge effluent at Galbraith.  She showed a table attached to the
410996 - Port's memo dated 961115 entitled:
410997 -
410998 -        Galbraith Dredged Material Facility Effluent Bioassay Data
410999 -
411000 -    ...which shows data from 961015 through 961112, ref DRT 1 line 110.
411001 -    It shows PAHs were detected on 961112. ref DRT 1 line 126.
411002 -
411003 - Gail indicated that testing has not been able to determine the cause
411004 - of toxicity exceedence in the effluent at Galbraith, which led to COE
411005 - serial letter #102 dated 961112 directing Dutra to cease discharge at
411006 - Galbraith, ref DIP 9 line 29.  She noted consideration that metals
411007 - may be present in the water which give adverse effluent readings, but
411008 - that has not been determined to be the cause of failed tests.  As
411009 - well, the idea that arsenic could be the cause has not been borne out
411010 - by testing, ref SDS 13 line 1029.  Gail indicated that filtering cited
411011 - as a possible solution in the Port's 961115 memo, ref DRT 1 line 37,
411012 - has not been shown to solve the current type of effluent results.
411013 -
411014 -
411015 -
411016 - Solutions Proposed to Resume Work at Galbraith
411017 -
411018 - Gail recalled that over the course of the project similar situations
411019 - have occurred with respect to project environmental limits and
411020 - appropriate administrative remedies were applied to permit the work to
411021 - continue.  There was discussion at the meeting today about approaching
411022 - the current circumstance in this manner.
411023 -
411024 - Gail requested an estimate of volume of sediment discharged to San
411025 - Francisco Bay in excess of the effluent limits, as part of remedies in
411026 - the Cleanup and abatement Order No. 96-148, ref DRT 1 line 308. Dutra
411027 - will submit this information.
411028 -
411029 -      [See following week where Gail reported she developed this
411030 -      information, ref SDS 18 line 549.]
411031 -
411032 -
411033 -
411034 - Dutra Moving Liberty Unloader to Another Project Until OA April 1997
411035 -
411036 - Dutra's serial letter #0189, cited above advises that...
411037 -
411038 -     Due to these conditions [creosote/PAH readings and failed tests of
411039 -     effluent at Galbraith] we will remove the Liberty Offloader from
411040 -     the project site.  We can utilize this equipment on another
411041 -     project while solutions to the potential hazards are developed. By
411042 -     using the Liberty Offloader on another project, delay costs and
411043 -     standby costs will not affect your project.  During the time plans
411044 -     are developed the Galbraith site will be at rest which will help
411045 -     the existing conditions.
411046 -
411047 - Bob Johnston advised that Dutra is taking the Liberty Unloader to
411048 - another project in Baltimore, MD, and they expect it will be completed
411049 - with that work in April 1997.
411050 -
411051 - COE issued RFP #19 on 961104 that directs Dutra to submit a
411052 - methodology to remove concentrated debris in the Todd and Schnitzer
411053 - Wings, ref DIP 4 line 78.  Dutra has not done this and has not
411054 - submitted a rational basis for not doing so.
411055 -
411056 - Contract section 02480 para 4.2 requires Dutra to submit a Dredging
411057 - Plan of Operation.  Dutra has not done this nor submitted a rational
411058 - basis for not doing so.
411059 -
411060 - Contract section 02480 para 6.3 requires the Contractor to submit a
411061 - Quality Assurance plan to "... describe how material designated for
411062 - disposal at the Galbraith site will be dredged and disposed of. " COE
411063 - letter dated 961106 directed Dutra to amend its QA plan to reflect the
411064 - work of RFP #19 with respect to "floaters," ref DIP 7 line 45. Dutra
411065 - has not performed this planning.
411066 -
411067 -
411068 -
411069 - Contract Permits Effluent Testing Delays of Up to 20 Days
411070 -
411071 - Dutra's proposal for the site to be at rest while it performs another
411072 - project does not address the apparent lack of correlation between work
411073 - at the Todd and Schnitzer Wings and effluent tests at Galbraith. It
411074 - appears to ignore project practice to solve such issues so work can
411075 - continue.
411076 -
411077 - Contract section 02480 para 8.11 says at ref OF 7 line 1089:
411078 -
411079 -     The Contractor shall allow for a period of 20 days during each
411080 -     stage of disposal when the discharge may be required to be
411081 -     suspended at the disposal site for alterations to assure
411082 -     compliance with the waste discharge requirements, at no additional
411083 -     cost to the Government.
411084 -
411085 - Accordingly, the contract permits the site to be at rest for up to 20
411086 - days at no cost to the government, and thereon does not contemplate
411087 - the contractor will demobilize the work operation to accomplish that
411088 - objective.
411089 -
411090 -
411091 - Parking Access at Galbraith Driving Range Closed on 961125 & 26
411092 -
411093 - Gail Staba reported  that the gates will be closed at the Galbraith
411094 - driving range on 961125-26.
411095 -
411096 - She indicated access will be available through the Dutra gate.
411097 -
411098 -
411099 - Emergency Phone Numbers for Galbraith Submitted
411100 -
411101 - Gail submitted a listing of phone numbers of people to call in the
411102 - event of environmental emergencies.
411103 -
411104 -
411105 -
411106 - Leak of Contaminated Material Need Not Be Removed
411107 -
411108 - Gail advised that environmental managers have advised that the
411109 - material that leaked from Dutra's pipeline should not be removed,
411110 - since the impact of the removal process may be more harmful than the
411111 - material itself.  Accordingly, Dutra should not remove this material
411112 - which was set as an action item at the meeting last week, ref SDS 13
411113 - line 997.
411114 -
411115 -     [See follow up that COE needs to investigate and determine if
411116 -     action needed, ref SDS 19 line 194.]
411117 -
411118 -
411119 -
4112 -

SUBJECTS
Inner Harbor Work Area, Todd Turning Basin
Obstructions in Todd Wing (Dolphin, Ship,

4305 -
430501 - Ship Pembina Does Not Warrant Demobilizing Liberty Offloader
430502 -
430503 - An Action Item review meeting on 961115 among COE staff showed that
430504 - Dutra has submitted the "sketch" prepared of obstacles in the work
430505 - area, which was cited in the meeting last week, ref SDS 13 line 794.
430506 -
430507 - Dutra's serial letter #0189 dated 961118 notes that the ship Pembina
430508 - should be be moved by the time Dutra returns the Liberty Unloader to
430509 - complete the Galbraith disposal site, ref DRT 2 line 46.
430510 -
430511 - COE is taking action to move the ship Pembina, ref SDS 13 line 804.
430512 -
430513 - Dutra is performing the work which the Pembina impacts under RFP #19
430514 - and so such impact can be applied in responding to the RFP if the ship
430515 - is not moved by the time Dutra submits its methodology and Dredging
430516 - Plan of Operation for performing the work, and such plans reasonably
430517 - indicate Dutra will incur added expense.
430518 -
430519 -     [See follow up where Bob Johnston advised of agreement to
430520 -     coordinate on movement of ship Pembina with harbor master, rather
430521 -     than require COE to have it moved, ref SDS 21 line 493.]
430522 -
430523 -
430524 -
4306 -
4307 -

SUBJECTS
Safety and Health, Safety Seminar

4504 -
450401 - COE to Review Dutra's Report on Safety Event
450402 -
450403 - Leonard SooHoo advised that Tom White is off the project this week.
450404 - Review and comment on Dutra's memo on the safety event submitted by
450405 - Dutra last week, ref SDS 13 line 830, will be performed upon Tom's
450406 - return.
450407 -
450408 -
450409 -
450410 -
450411 -
4505 -

SUBJECTS
Emergency Lights on Galbraith Discharge

4604 -
460401 - Lighting Needed on Galbraith Pipeline Reported Fixed
460402 -
460403 - Dutra reported at the Action Item review meeting on 961118 that
460404 - lighting on the Galbraith pipeline was corrected on 961115, ref SDS 13
460405 - line 843 and at ref SDS 16 line 107.
460406 -
460407 - Gahagan & Bryant who reported the need for this correction will
460408 - investigate and report on status.
460409 -
460410 -
460411 -
460412 -
460413 -
4605 -

SUBJECTS
Safety, Training

4704 -
470401 - Training of Ocean Tow Tug Captains
470402 -
470403 - At the Action Item review meeting on 961118, Dutra agreed to submit an
470404 - inventory showing compliance with requirements for briefing boat
470405 - captains, ref SDS 16 line 145, as directed by leonard SooHoo at the
470406 - Progress Meeting last week, ref SDS 13 line 908.
470407 -
470408 -
4705 -
4706 -

SUBJECTS
RFPs Soft-Hard Polygons
Justify Increase Unit Price

4805 -
480501 - RFP 20 Assists Dutra's Proposal on Change in Bid Item Descriptions
480502 -
480503 - There was no discussion of this matter today.  Dutra is preparing its
480504 - proposal.  COE and Dutra are meeting on 961121 to discuss updating
480505 - Dutra's schedule to complete the work in an orderly manner.
480506 -
480507 -
Distribution. . . . See "CONTACTS"