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1...COE will notify Dutra of additional action to clarify the
2...Therefore, Dutra should submit any and all exhibits that are
3...management to present the schedule for completing the project,
4...Thereafter, Dutra and COE may jointly conduct a "schedule
5...Leonard SooHoo directed Dutra to re-submit its schedule with
6...Bob Johston advised Dutra will re-submit the area map showing a
7...Leonard SooHoo asked that the chart be resubmitted placing the
8...For context, Dutra should submit the explanation of the prior
9...Bob Johnston advised that Dutra will revise the schedule to show
10...Bob Johnston advised Dutra will reconsider the sequencing of
11...Leonard SooHoo directed Dutra to provide these sorted activity
12...Bob Johnston advised today that Dutra will submit analysis of
13...G&B can then comment on Dutra's analysis, and whether all of the
14...Leonard SooHoo directed Dutra to provide these sorted activity
CONTACTS
0201 - Corps of Engineers, SFD 415 977 8400 fax 8483
020101 - Mr. Marc McGovern; Construction Manager =415 977 8467
020102 - Construction Operations Division =415 977 8480
0202 - Dutra Dredging Company 415 721 2131 fax or 800...
020201 - Mr. Robert D. Johnston; President
0203 - Dutra Dredging Company 415 721 2131 fax or 800...
020301 - Mr. Richard M. Rhoads, P.E.; Chief Estimator =415 258 6876
020302 - Estimating Department =Telephone/fax
0204 - COE, Oakland Harbor Project 510 532 4838 fax or 800...
020401 - Mr. Thomas W. White; Project Engineer =510 532 4838
0205 - Corps of Engineers, Sausalito 415 331 0404 fax or 800...
020501 - Mr. Leonard SooHoo, P.E.; Chief; Construction Service Branch
0206 - Gahagan & Bryant Associates, Inc. 415 883 7683 fax 1589
020601 - Mr. Rick Olejniczak; Vice President
SUBJECTS
Schedule for Construction, 52.236-15
Cure Notice
Schedule Review Meeting, 970106
0605 - ..
0606 - Summary/Objective
0607 -
060701 - Followed up work at ref SDS 20 line 75, ref SDS 17 line 50.
060702 -
060703 - Dutra failed to provide information requested by COE to support its
060704 - schedule projections. Dutra explained correlations of the exhibits it
060705 - submitted on 961213, as modified by Dutra's submission on 961231, so
060706 - that COE can determine the practicability of Dutra's schedule. Dutra
060707 - disclosed/described at this meeting its "Work Plan" was an alternate
060708 - schedule to that comprised of the exhibits submitted and explained to
060709 - COE and the Port on 961213. Dutra cited today a document given only
060710 - to Tom Benero on 961213, but not expressly discussed on 961213 by
060711 - Dutra in its presentation.
060712 -
060713 - Dutra will re-submit its schedule to conform with corrections directed
060714 - by the RE.
060715 -
060716 - [Submitted at ref SDS 24 line 49.]
060717 -
060718 -
0608 -
0609 -
0610 - Discussion
0611 -
061101 - Leonard SooHoo used the list from COE's internal review meeting on
061102 - 970103, ref SDS 20 line 85, to consider issues from Dutra's serial
061103 - letter #0223 dated 961231.
061104 -
061105 - 1. Dutra's serial letter #0223 dated 961231 says in part:
061106 -
061107 - As per your request you will find attached three copies of
061108 - the schedule for Outer Harbor Dredging completion by March
061109 - 15, 1997 and revised Inner Harbor scheduling along with
061110 - three copies of the logic network diagram.
061111 -
061112 - Initially, there was discussion to clarify which request Dutra's
061113 - letter was intended to address, since COE has conveyed requests
061114 - to Dutra as follows:
061115 -
061116 - COE serial letter #0115 dated 961217, ref DIP 3 line 30
061117 - COE serial letter #0120 dated 961220, ref DIP 6 line 30
061118 - Contract Admin meeting on 961219, ref SDS 15 line 325
061119 - Contract Admin meeting on 961230, ref SDS 19 line 292
061120 -
061121 - There was discussion that Dutra's failure to cite the source of
061122 - the request thereon fails to provide the context needed to
061123 - understand the intent of Dutra's work product provided with its
061124 - serial letter #0223 dated 961231.
061125 -
061126 -
061127 - 2. COE serial letter #0120 dated 961220 directed Dutra to resubmit
061128 - all of its documents presented on 961213, using a transmittal to
061129 - identify each such document, ref DIP 6 line 47; and to explain
061130 - in a narrative any changes in each of the documents caused by
061131 - the change in the schedule, and ref DIP 6 line 64.
061132 -
061133 - Dutra's serial letter #0223 dated 961231 says it submits only
061134 - the "...schedule for the Outer Harbor Dredging completion..."
061135 -
061136 - Marc McGovern asked during the meeting today about the other
061137 - documents submitted to COE on 961213 and shown during the
061138 - meeting on that date, and where is the explanation of any
061139 - impacts to such representations? This reflects the discussion
061140 - earlier in the day where Bob Johnston reported Dutra no longer
061141 - possesses those documents, ref SDS 21 line 106.
061142 - ..
061143 - Bob Johnston advised that Dutra did not comply with COE's
061144 - direction because Dutra holds that the schedule submission under
061145 - Dutra's serial letter #0223 is a product of the "Work Plan."
061146 -
061147 - Bob indicated that Dutra's submission on 961213 of large scale
061148 - exhibits, bar charts and CPM flow charts, identified by its
061149 - document dated 961213, were unrelated to the "Work Plan" since
061150 - Dutra intended it to be an alternate schedule to that comprised
061151 - of Dutra's 961213 submission.
061152 -
061153 - Marc McGovern related COE's understanding that Dutra's "Work
061154 - Plan" was presented by Bill Dutra at the meeting on 961213 as
061155 - Dutra's implementation of its detailed schedule in the document
061156 - dated 961213, ref SDS 7 8846 and ref SDS 11 8499. Marc recalled
061157 - that the Work Plan was included with other documents in the
061158 - binder that was titled...
061159 -
061160 - Project Schedule Analysis
061161 -
061162 - ...dated 961213, and so COE considered it part of that
061163 - submission, ref DRP 1 line 30, ref SDS 7 8846
061164 -
061165 - ..
061166 -
061167 - Bob Johnston explained today that at the meeting on 961213, see
061168 - ref SDS 7 7466, Dutra submitted the "Work Plan" under a separate
061169 - letter addressed to Tom Benero that identified it as an offer of
061170 - an alternate schedule responding to COE's Cure Notice dated
061171 - 961206, ref DIP 2 line 27.
061172 -
061173 - [See later receipt of Dutra's serial letter #0206 also dated
061174 - 961212, received at ref SDS 23 8499.]
061175 -
061176 - [See review with COE counsel, Merry Goodenough on 970217,
061177 - ref SDS 26 line 113.]
061178 -
061179 - COE's serial letter #0120 dated 961220 states in part:
061180 -
061181 - ... [Dutra is] directed to correct your CPM and any other of
061182 - your submissions which conflict with step #3, and submit a
061183 - corrected scheduling package to this office no later than
061184 - December 31, 1996, so that the Corps has a complete set of
061185 - detailed scheduling information that supports your
061186 - representation to complete the Outer Harbor by March 15,
061187 - 1997 pursuant to Step #3 in your Work Plan. You are to
061188 - re-submit all such documents, utilizing COE transmittal
061189 - forms listing each document included in the submittal.
061190 -
061191 - ...per ref DIP 6 line 40.
061192 -
061193 - Bob advised that Dutra regards COE's letter #0120 as acceptance
061194 - of an alternate offer, and since Dutra did not intend for the
061195 - Work Plan to be related to its schedule submission dated 961213,
061196 - including the 10 exhibits, Dutra should not be required to
061197 - re-submit the other materials nor to explain differences and/or
061198 - impacts on the other materials Dutra submitted on 961213, as
061199 - directed by COE's serial letter #0120, ref DIP 6 line 47.
061200 -
061201 - Marc McGovern asked about the date of the document Dutra cites
061202 - and to whom it was given besides Tom Benero at COE?
061203 -
061204 - [See later receipt of Dutra's serial letter #0206 also dated
061205 - 961212, received at ref SDS 23 line 108.]
061206 -
061207 - Bob could not recall the date. He related that he and Bill
061208 - Dutra visited Tom Benero separately before the meeting on 961213
061209 - and gave the letter only to Tom. There were no copies submitted
061210 - to COE through normal project distribution channels at the
061211 - Resident Engineer's office in Sausalito.
061212 -
061213 - Marc recalled that Bill Dutra did not mention this other letter
061214 - during his presentation at the meeting on 961213. COE drew from
061215 - the manner in which the Work Plan was described and presented
061216 - that it comprised the "talking points" Bill used to explain
061217 - Dutra's implementation of its detailed schedule dated 961213.
061218 -
061219 - Marc McGovern and Leonard SooHoo, who attended the 961213
061220 - meeting, advised today that they did not recall Bill Dutra
061221 - representing that the Work Plan was an alternative schedule, nor
061222 - that it conflicted in any way with the other documents in
061223 - Dutra's 961213 submission. Bob Johnston did not recall this
061224 - point being made during the meeting either.
061225 -
061226 - Leonard SooHoo noted better adherence is needed to communication
061227 - requirements for using transmittals and standard document
061228 - distribution to clearly identify submissions.
061229 -
061230 - Bob Johnston advised that Dutra's letter given to Tom Benero on
061231 - 961213 clearly identifies the Work Plan as an alternate offer,
061232 - and, since COE asked Dutra to perform it, Dutra is not required
061233 - to explain how it impacts the other schedule exhibits submitted
061234 - on 961213, which Dutra indicates today are preempted by the Work
061235 - Plan.
061236 -
061237 - [See reciept of this letter at ref SDS 23 line 80; it does
061238 - not appear to identify the Work Plan as an "alternate"
061239 - schedule nor as an "offer."]
061240 -
061241 - COE will notify Dutra of additional action to clarify the
061242 - meaning of its schedule submissions.
061243 -
061244 -
061245 - 3. The documents received from Dutra cover both the Outer Harbor
061246 - and the Inner Harbor, which conforms with the direction from COE
061247 - serial letter #0120 dated 961220; however, Dutra's letter says
061248 - the schedule submission covers only the Outer Harbor, and this
061249 - conflicts with COE's direction and with Dutra's actual
061250 - submission.
061251 -
061252 - Leonard SooHoo noted the need for Dutra's submissions to
061253 - adequately identify each of the elements being submitted as
061254 - called out by COE transmittal requirements in the contract.
061255 -
061256 -
061257 - 4. There is no narrative explaining the changes to each of the
061258 - documents in Dutra's submission on 961213, contrary to the
061259 - direction in COE serial letter #0120, ref DIP 6 line 65.
061260 -
061261 - See also the discusison under item 2.
061262 -
061263 - Marc McGovern advised Dutra must submit information showing its
061264 - schedule is practicable, as called out in the contract. Since
061265 - Dutra failed to meet past schedules, detailed data is needed to
061266 - evaluate practicability of current schedule forecasts. Since
061267 - Dutra submitted 10 exhibits to support its schedule on 961213,
061268 - that information should nominally be regareded as reasonable and
061269 - necessary to consider whether Dutra's schedule is practicable.
061270 -
061271 - Therefore, Dutra should submit any and all exhibits that are
061272 - changed by the re-submission on 961231, as corrected by input
061273 - from the meeting today, and Dutra should submit an explanation
061274 - in writing of how exhibits have been changed. This facilitates
061275 - COE review and provides common understanding between Dutra and
061276 - COE, essential for effective communication and management of the
061277 - project.
061278 -
061279 - Upon determination by COE that common understanding has been
061280 - achieved, Dutra will be asked to meet with COE and Port
061281 - management to present the schedule for completing the project,
061282 - and to correct any misunderstandings from the 961213 meeting.
061283 -
061284 - Thereafter, Dutra and COE may jointly conduct a "schedule
061285 - workshop" for appropriate field personnel to communicate
061286 - objectives, tasks and methods for accomplishing the schedule.
061287 -
061288 -
061289 - 5. Bar Chart and CPM flow diagrams do not have the name of the
061290 - person who prepared the document, contrary to COE serial
061291 - letter #0014 dated 961119, ref DIP 1 line 121.
061292 -
061293 - Leonard SooHoo directed Dutra to re-submit its schedule with
061294 - the name of the people who performed the work.
061295 -
061296 -
061297 - 6. Acceptance area map has some parts colored green. There is
061298 - no color code that explains what green means. This should
061299 - be added to the document.
061300 -
061301 - Rick Oleniczak pointed out the area map also omits the yellow
061302 - area.
061303 -
061304 - Bob Johston advised Dutra will re-submit the area map showing a
061305 - legend of color codes.
061306 -
061307 -
061308 - 7. Schedule activity numbers are not explained. For the Bar Chart,
061309 - are the activity numbers those shown for the task bars in the
061310 - chart?
061311 -
061312 - There appears to be sequences of numbers. What do the sequences
061313 - represent? Is there a WBS?
061314 -
061315 - Rick Rhoads advised that the numbers next to duration bar
061316 - symbols in the chart are the activity numbers.
061317 -
061318 - Leonard SooHoo asked that the chart be resubmitted placing the
061319 - activity numbers in a column in front of the activity
061320 - descriptions along the left-hand margin of the chart.
061321 -
061322 - Rick Rhoads advised that at one time the activity numbers
061323 - applied sequencing to organize activities according to some
061324 - structure. He advised today that Dutra is not using a Work
061325 - Breakdown Structure (WBS), and that it abandoned the activity
061326 - number sequencing.
061327 -
061328 - For context, Dutra should submit the explanation of the prior
061329 - sequencing scheme that has since been abandoned. Activity #850
061330 - in the 961213 schedule covers three (3) tasks shown separately
061331 - for dredging Todd, Schnitzer and completing Galbraith, ref SDS 7
061332 - line 209, suggesting some methodology.
061333 -
061334 - 8. Unloader mobilization to complete Galbraith is not shown on the
061335 - schedule, contrary to the 961213 presentation showing another
061336 - Unloader would be mobilized, ref SDS 7 line 141, and contrary to
061337 - Dutra's representation at the Contract Administration meeting on
061338 - 961219, ref SDS 16 line 416.
061339 -
061340 - This activity should therefore be added to the schedule.
061341 -
061342 - Rick Rhoads advised he intended to schedule mobilization of the
061343 - unloader equipment. He looked for it in the schedule, saying it
061344 - should be listed, but was unable to find an activity for it.
061345 -
061346 - Bob Johnston advised that Dutra will revise the schedule to show
061347 - this work.
061348 -
061349 -
061350 - 9. Activity 5000 which is 1H3R is shown to be dredged by the
061351 - Antone, before completion of work in Todd Schnitzer, contrary to
061352 - contract design for cap material to be placed after completion
061353 - of Todd-Schnitzer.
061354 -
061355 - Bob Johnston advised Dutra will reconsider the sequencing of
061356 - this work and revise the schedule accordingly.
061357 -
061358 -
061359 - 10. Approximately 90% of tasks critical. There does not seem to be
061360 - any dependencies between the work of the three equipment
061361 - spreads, the Antone, Paula Lee and the DB #24. Dutra needs to
061362 - explain how these separate operations depend upon one another,
061363 - as implied by the excessive scheduling of "critical" activities.
061364 -
061365 - Rick Rhoads advised that only the Antone's tasks are critical.
061366 -
061367 - Examination of the schedule during the meeting seemed to bear
061368 - this out, which is consistent with the analysis that its
061369 - activities are independent from those for the DB #24 and the
061370 - Paul Lee.
061371 -
061372 - There was discussion that these relationships would be more
061373 - clear by a separate listing of activities for each equipment
061374 - spread. Bob Johnston advised Dutra did not bring these separate
061375 - listings, as requested in the discussion with Jim Galli on
061376 - 970106, ref SDS 20 line 290.
061377 -
061378 - Leonard SooHoo directed Dutra to provide these sorted activity
061379 - listings based on the "Responsibility" field.
061380 -
061381 -
061382 - 11. There is no analysis of production rate as a function of cut
061383 - depth which was requested in COE serial letter #0014 dated
061384 - 961119 para 7, per ref DIP 1 line 99, issued at ref SDS 1 line
061385 - 65. This was discussed at the Contract Administration meeting
061386 - on 961230, and Bob Johnston agreed to submit this information,
061387 - ref SDS 19 line 291.
061388 -
061389 - There is a chart on the wall in Leonard's office showing average
061390 - depth for each polygon. Is that for the original pay quantity;
061391 - how do the new quantities compare?
061392 -
061393 - Bob advised that Dutra regards its serial letter #0205 dated
061394 - 961212, submitted at the meeting on 961213, as responding to COE
061395 - serial letter #0014 para 6 and 7. This is discussed in Dutra's
061396 - serial letter #0205 dated 961212 at ref DRP 2 line 35,
061397 -
061398 - It is not evident, however, from Dutra's submissions, including
061399 - serial letter #0205, whether the production rates, on which its
061400 - schedule forecast is based, reflects a more or a less favorable
061401 - cut depth, per analysis on 961219 with Tom Keesling and Rick
061402 - Oleniczak, ref SDS 14 line 145. Since Dutra is predicting
061403 - increased production, the likelihood of success may be impacted
061404 - by the correlation of cut depth for the remaining work to that
061405 - for the work already performed.
061406 -
061407 - Bob Johnston advised today that Dutra will submit analysis of
061408 - this factor.
061409 -
061410 - G&B can then comment on Dutra's analysis, and whether all of the
061411 - quantity that remains to be dredged has been allocated in the
061412 - new schedule, per GB Star's recent survey.
061413 -
061414 - ..
061415 -
061416 - 12. A reconciliation is needed between the quantities for the new
061417 - acceptance areas and the polygons shown on contract drawing
061418 - sheet 14 "Volumes of Materials."
061419 -
061420 - Bob Johnston advised that Dutra did not obtain support from GB
061421 - Star, contrary to the understanding at the meeting on 961121,
061422 - ref SDS 3 6037. He advised that Dutra made computations from GB
061423 - Star's survey to develop quantities for each of the new
061424 - acceptance areas.
061425 -
061426 - COE will coordinate with G&B on evaluating the adequacy of the
061427 - conversion from GB Star's survey of polygon quantities, to the
061428 - quantities shown for Dutra's new acceptance areas.
061429 -
061430 - [On 970202 Welch reviewed Dutra's spreadsheet and found
061431 - conflicting information. ref SDS 25 7806]
061432 -
061433 - ..
061434 -
061435 - 13. It appears that Dutra has complied with COE serial letter #0014
061436 - dated 961119 to schedule the work in a manner that provides
061437 - continuity of adjacent areas with the exception of completing
061438 - the Galbraith disposal site, per understandings from 961213
061439 - meeting. ref SDS 7 8846
061440 -
061441 - This can be more easily established by Dutra providing a
061442 - sorted activity listing according to each equipment under
061443 - the "Responsiblity" field.
061444 -
061445 - Leonard SooHoo directed Dutra to provide these sorted activity
061446 - listings based on the "Responsibility" field.
061447 -
061448 -
061449 - 14. Allowance for delays; Dutra may be behind schedule.
061450 -
061451 - Bob Johnston advised that Dutra may already be behind its new
061452 - schedule. Rick Oleniczak seemed to have the same view, based on
061453 - Gahagan & Bryant's QA oversight work.
061454 -
061455 - There was discussion about the amount of weather delay that was
061456 - allowed in Dutra's schedule?
061457 -
061458 - Bob advised that no allowance has been made in the schedule for
061459 - inclement weather, but that the work has been delayed in
061460 - disposing of material in the ocean due to severe seas, as
061461 - discussed at the meeting on 961230, ref SDS 19 line 307. The
061462 - scows are full and cannot go out to approved dump sites until
061463 - the weather improves.
061464 -
061465 - Tom White advised that the schedule should recognize the impact
061466 - of weather as set out in the contract. Bob Johnston seemed to
061467 - indicate Dutra has not done this.
061468 -
061469 - COE added 14 days to Dutra's initial forecast of completing the
061470 - Outer Harbor by 970301, per its Work Plan, ref SDS 7 line 151.
061471 -
061472 - Bob Johnston reported the Paula Lee is working off-site to make
061473 - emergency repairs due to recent flooding. This impacts the
061474 - schedule by reducing daily production. He expects the Paula Lee
061475 - will return within a few days, as the weather clears and flood
061476 - waters recede.
061477 -
061478 - Bob advised that Dutra expects to request additional time to
061479 - offset weather delays, and lost production due to use of
061480 - equipment for emergency flood control.
061481 -
061482 - [A report on 970107 indicated an error was discovered in
061483 - reporting Dutra's progress; correction indicates progress
061484 - todate is close to scheduled forecasts, ref SDS 22 line 85.]
061485 -
061486 -
061487 -
0615 -
Distribution. . . . See "CONTACTS"