CONTACTS 
0201 - Corps of Engineers, Sausalito      415 331 0404 fax or 800...
020101 - Mr. Leonard SooHoo, P.E.; Chief; Construction Service Branch
0202 - COE, Oakland Harbor Project        510 532 4838 fax or 800...
020201 - Mr. Thomas W. White; Project Engineer =510 532 4838
0203 - Corps of Engineers, SFD            415 977 8400 fax 8483
020301 - Mr. Marc McGovern; Construction Manager =415 977 8467
020302 - Construction Operations Division =415 977 8480
0204 - Dutra Dredging Company             415 721 2131 fax or 800...
020401 - Mr. Robert D. Johnston; President
0205 - Dutra Dredging Company             415 721 2131 fax or 800...
020501 - Mr. Richard M. Rhoads, P.E.; Chief Estimator =415 258 6876
020502 - Estimating Department  =Telephone/fax
0206 - Gahagan & Bryant Associates, Inc.  415 883 7683 fax 1589
020601 - Mr. Rick Olejniczak; Vice President

SUBJECTS
Corps of Engineers, SFD, Oakland Project
Contract Admin Meeting, 970106

0404 -    ..
0405 - Summary/Objective
0406 -
040601 - Follow up ref SDS 17 0000, ref SDS 12 0000.
040602 -
040603 - Project Schedule was reviewed separately; Dutra is generally close to
040604 - its new schedule despite recent bad weather and delays in mobilizing
040605 - added equipment intended to increase production.  Dutra indicates
040606 - today it is withholding release of test results on Todd and Schnitzer
040607 - Wings, pending receipt from COE of test results.  Dutra receives
040608 - results of daily tests at Galbraith; and Dutra seems to hold that
040609 - "hazardous" materials have been encountered in the Todd and Schnitzer
040610 - Wings.  To date, no materials on the project have been classified as
040611 - "hazardous."  Test results are consistent with original findings that
040612 - Todd and Schnitzer contain contaminated materials.  Navy Sewer Line
040613 - work appears to be progressing with respect to obtaining permit from
040614 - UPRR for crossing its track facilities.
040615 -
040616 -    [Issued at ref SDS 23 0000.]
040617 -
040618 -
040619 -
0407 -

SUBJECTS
Commencement, Prosecution, Status
Antone Production Rates

0605 -
060501 -  ..
060502 - Project Status: Ocean Disposal on Schedule; Todd-Schnitzer no Effort
060503 -
060504 - Leonard SooHoo reviewed following project status issues:
060505 -
060506 -    a.  The Production report on "Hard Digging" for the period ending
060507 -        961229 was not distributed; Tom White reported the Contractor
060508 -        averaged 4500 CY/Day over the past 10 days.
060509 -
060510 -    b.  Antone is working in area OH3 at station 52+50; it is about 75%
060511 -        complete with this area.  Paula Lee is off-site; DB #24 is
060512 -        being prepared to begin work on the project.
060513 -
060514 -    c.  The schedule was reviewed today in a separate meeting, and
060515 -        corrections will be issued per ref SDS 20 line 79.
060516 -        ..
060517 -    d.  Dutra is issuing a series of letters in next few days on
060518 -        pending matters.
060519 -
060520 -    e.  Dutra has made submissions per schedule for obtaining a permit
060521 -        to perform contract work on UPRR facilities.
060522 -
060523 -
060524 -
0606 -

SUBJECTS
DB 24
Paula Lee
Work Area, Production

0906 -
090601 -  ..
090602 - Paul Lee Performing Emergency Flood Control Off-Site
090603 -
090604 - Bob advised during the schedule review meeting this morning that the
090605 - Paula Lee has been moved to a location in the Delta to support
090606 - emergency flood control, as a result of unusually severe weather the
090607 - past month.
090608 -
090609 - He advised Dutra is submitting a letter on this to COE.
090610 -
090611 -
090612 -
090613 -  ..
090614 - DB #24 Expected to Start on Oakland Project Tomorrow
090615 -
090616 - Bob advised that the DB #24 is being rigged for working on this
090617 - project and is expected to be in production tomorrow.
090618 -
090619 -
090620 - Antone is working in OH3; Bob estimates it is about 75% complete.
090621 -
090622 -
090623 -
090624 -
090625 -
0907 -
0908 -

SUBJECTS
Communication Metrics Policy and Procedures
Review of Meeting Notes

1005 -
100501 - Bob Johnston and others read the notes for the meeting on 961230.
100502 -
100503 -
100504 - Dutra will submit tomorrow (970107) a list of attendees and the issues
100505 - it wishes to address at a meeting on 970109, previously addressed by
100506 - Dutra's letter dated Oct 29, 1996, ref DRP 1 line 21.
100507 -
100508 -
100509 -
1006 -
1007 -
1008 -

SUBJECTS
Schedule for Construction, 52.236-15
Commencement, Prosecution, Completion of Work
Extension of Time, 1 CD/8K CY
Plan of Operation
Cure Notice

1608 -
160801 -  ..
160802 - Dutra Will Submit Analysis of Cut Depth on Production and Schedule
160803 -
160804 - A separate meeting was held today at 1200 on Dutra's schedule
160805 - submission dated 961231, per understandings at Contract Administration
160806 - meeting last week, ref SDS 17 line 275.  Notes of the schedule review
160807 - meeting supplement the record of this Contract Administration meeting.
160808 -
160809 - Dutra did not submit on 961231 analysis of Cut Depth on production, as
160810 - discussed last week, ref SDS 17 line 295.
160811 -
160812 - Bob Johnston advised today that Dutra will submit analysis of Cut
160813 - Depth on project production rates to complete the project, per
160814 - Schedule Review meeting earlier today, ref SDS 20 line 387.
160815 -
160816 -
160817 -
160818 -  ..
160819 - Weather Delay Procedures, Coordination Dutra/Gahagan & Bryant
160820 -
160821 - Rick Oleniczak read understandings from the Contract Administration
160822 - meeting last week on QA reporting procedures for weather delays.
160823 -
160824 - Bob Johnston reviewed the benefits of QA reporting on weather delays
160825 - as set out in the notes of the Contract Administration meeting last
160826 - week.
160827 -
160828 - Rick Oleniczak advised that Gahagan & Bryant will submit a letter to
160829 - Leonard SooHoo at COE on or before 970109, explaining recommended
160830 - procedures for recording "sea state" impact on entitlement to weather
160831 - delay.
160832 -
160833 -
160834 -
1609 -
1610 -

SUBJECTS
Inner Harbor Work Area, Schnitzer
Todd Turning Basin, Debris Removal
Galbraith Disposal Requirements
0019   Remove concentrated debris Todd and
Cleanup & Abatement Order #96-148, 961114
Protocols, 30 Day Floating Average

2109 -
210901 -  ..
210902 - Contractor to Request Confirmation of Discharge Protocols
210903 -
210904 - Bob Johnston advised that Dutra has prepared a letter requesting
210905 - confirmation of changes in discharge protocols, per understandings at
210906 - the Contract Administration meeting on 961219, ref SDS 12 line 402,
210907 - and that it will be signed later today or tomorrow for submission to
210908 - COE.
210909 -
210910 -
210911 -  ..
210912 - Dutra Did Not Submit Test Reports on Todd-Schnitzer
210913 -
210914 - Bob Johnston advised that Dutra will not submit its test results to
210915 - COE until and unless COE submits to Dutra results of tests it has
210916 - taken of material at the Todd and the Schnitzer Wings.
210917 -
210918 -      [See Dutra's serial letter #0212 dated 961220 received into the
210919 -      SDS record on 970110, where Dutra calls for a meeting to prepare
210920 -      a plan, ref SDS 22 line 221; also Dutra's serial letter #0229
210921 -      dated 970107, received at ref SDS 22 line 242.]
210922 -
210923 - Leonard SooHoo advised that COE tested these locations in order to
210924 - design the project, and the results are part of the public record. The
210925 - Todd and the Schnitzer Wings were found to contain contaminated
210926 - materials and as a result the Galbraith site was designed and created
210927 - for disposal of such contaminated materials.
210928 -
210929 -      [See COE serial letter #0126 dated 961231 received into the SDS
210930 -      record on 970110 where COE advises there has been no showing that
210931 -      hazardous materials exist at Todd/Schnitzer, ref SDS 22 line 200
210932 -      (supported by POO's draft response to Dutra's serial letter
210933 -      #0229, ref SDS 22 line 267); COE's serial letter #0126 was not
210934 -      available nor mentioned by the parties during the meeting today.]
210935 - ..
210936 - Effluent decant water contained in holding ponds is tested daily
210937 - to determine suitability for discharge of the water back into the Bay.
210938 - The results of those tests are provided to Dutra.  The project design
210939 - intends for materials unsuitable for discharge into the Bay to settle
210940 - out of the water in the holding ponds, prior to discharge.
210941 -
210942 - The character of solids suspended in the San Francisco Bay, and here,
210943 - the Todd and the Schnitzer Wings, which are "unsuitable" for general
210944 - discharge back into the Bay under controlled conditions, as exist at
210945 - Galbraith, cannot be measured accurately enough to predict the precise
210946 - amount of time decant water must be held to permit sufficient settling
210947 - for general discharge back into the Bay.  Therefore, certain discharge
210948 - parameters were specified in the contract to enable contractors to bid
210949 - the work competitively with the understanding that if actual
210950 - conditions changed, then an equitable adjustment could be made.
210951 - ..
210952 - In this case, Dutra failed to follow contract requirements to
210953 - perform the work in the Todd and the Schnitzer Wings using a clamshell
210954 - mud bucket, as reported at the Progress Meeting on 961118, ref SDS 2
210955 - 8405, and this may have caused increased turbidity resulting in higher
210956 - concentrations of contaminants per unit volume of decant water at the
210957 - Galbraith site, than would otherwise have occurred.  The specification
210958 - was aimed at minimizing turbidity in order to avoid high
210959 - concentrations of contaminants and thereby avoid prolonged settlement
210960 - periods that delay discharge of decant water into the Bay.
210961 -
210962 - Such higher concentrations of contaminants resulted in failed tests of
210963 - decant water which require adjustments to discharge protocols to meet
210964 - permit requirements.  The adjustment has been reduced and delayed
210965 - discharge of decant water into the Bay in order to permit a longer
210966 - settling period in the holding ponds.
210967 -    ..
210968 - Dutra's comments, correspondence and conduct over the past three
210969 - (3) months (e.g., meeting at COE on 961113, ref SDS 1 line 282), seem
210970 - to reflect belief that tests showing water is unsuitable for discharge
210971 - into the Bay is evidence that the material from Todd and the Schnitzer
210972 - Wings is not suitable for disposal at Galbraith, and therefore
210973 - requires a change in disposal sites and procedures (Dutra's schedule
210974 - shows activities for disposal at "Redwood Landfill", ref SDS 8 line
210975 - 208).
210976 - ..
210977 - That belief is incorrect and unsupported by the record;
210978 - Galbraith was designed for disposal of contaminated materials.
210979 -
210980 - Dutra indicates in its serial letter #0189 dated 961118, and its
210981 - serial letter #0190 dated 961119, discussed at the Progress Meeting on
210982 - 961119, ref SDS 2 line 670, that Dutra encountered "hazardous"
210983 - materials in performing work in the Todd and the Schnitzer Wings, ref
210984 - DRP 4 line 32, ref DRP 5 line 29, which, if true, may require special
210985 - handling and expense, beyond what was reasonably evident to a prudent
210986 - contractor in bidding the work.
210987 -
210988 - To date, Dutra has cited failed tests of decant water at Galbraith
210989 - which have delayed discharge into the bay, as evidence of the
210990 - character of the material in the Todd and the Schnitzer Wings, per
210991 - Dutra's serial letter #0189 dated 961118, ref DRP 4 line 27, and
210992 - serial letter #0198 dated 961127, ref DRP 6 line 33, received at ref
210993 - SDS 5 line 186.
210994 -
210995 -      [Dutra later cited only failed bioassy tests as evidence of its
210996 -      evaluation of the character of the material at Todd/Schnitzer,
210997 -      ref DRP 10 line 38, received at ref SDS 21 line 256.]
210998 -
210999 - ..
211000 - COE maintains that tests showing decant water requires a longer
211001 - period for settlement do not establish, per se, that material in the
211002 - Todd and in the Schnitzer Wings contain hazardous materials, since
211003 - such test results fall within the potentialities of the original
211004 - design for contaminated materials, i.e., that concentrations of
211005 - contaminated materials can cause failed tests of decant water even
211006 - though the materials do not rise to the definition of "hazardous"
211007 - materials.
211008 -
211009 -      [See support from POO's draft response to Dutra's 970107 serial
211010 -      letter #0229, ref SDS 22 line 268.]
211011 -
211012 - Dutra reported at the Progress Meeting on 961119 that it has taken new
211013 - and additional tests of materials from the Todd and Schnitzer Wings.
211014 - This new information could support a finding of "hazardous" material,
211015 - as contended by Dutra.  Dutra reported at the Contract Administration
211016 - meeting on 961219 that it had received results of its tests but had
211017 - not examined them to see if they show hazardous materials were
211018 - discovered that require special handling or that are unsuitable for
211019 - disposal at Galbraith.  Dutra advised on 961219 that it would submit
211020 - its test results on 961224, ref SDS 12 line 448, but has not done so.
211021 - Today, Dutra advises it will not submit results of its tests.
211022 - ..
211023 - To date, Dutra has offered no evidence that materials in the
211024 - Todd and Schnitzer Wings contain hazardous materials, nor that the
211025 - contaminated materials in these locations are different in character
211026 - from original contract design criteria calling for disposal at
211027 - Galbraith.
211028 -
211029 -      [See meeting on 970224 with Dutra and its agents, that evidently
211030 -      produced no new evidence, ref SDS 24 line 415.]
211031 -
211032 -  ..
211033 - Dutra Will Submit Letter on Methodology for Todd/Schnitzer Wings
211034 -
211035 - Dutra did not submit a letter to COE on its proposed methodology for
211036 - completing the work in the Todd and the Schnitzer Wings, contrary to
211037 - understandings at the Contract Administration meeting last week....
211038 - ref SDS 17 7402
211039 -
211040 - Bob Johnston advised that Dutra has prepared this letter and it will
211041 - be signed and issued to COE later today or tomorrow.
211042 -
211043 -      [On 970122 letter from Dutra that seeks meeting to develop work
211044 -      plan, but did not submit a proposed methodology. ref SDS 22 1656]
211045 -
211046 -
2111 -

SUBJECTS
Sewer Line Installation

2204 -
220401 -  ..
220402 - Navy Sewer Line UPRR Crossing Design on Schedule
220403 -
220404 - Bob Johnston advised Dutra is on schedule to submit tomorrow on 970107
220405 - the corrections to its design and construction Operations Plan for the
220406 - original contract design method, per COE serial letter #0128 dated
220407 - 970103 issued at ref SDS 19 line 101.
220408 -
220409 - This reflects COE review of Dutra's submission on 961231 for
220410 - conformance with understandings from meeting with Dutra and COE on
220411 - 961212, per Contract Administration meeting on 961219, ref SDS 12 line
220412 - 588.
220413 -
220414 -
220415 -  ..
220416 - NSL Open Cut Submittal Appears Suitable for Submission to UPRR
220417 -
220418 - Leonard SooHoo advised that Dutra's submittal of an alternate "Open
220419 - Cut" method was received by COE at the Oakland Project office on
220420 - 970103.  Dutra's submission to the Oakland Project office was
220421 - incorrect, since transmittals are to be made to the Sausalito office,
220422 - as directed previously.
220423 -
220424 - COE has examined Dutra's transmittal for the Open Cut method and finds
220425 - it now appears suitable for submission to UPRR in that it otherwise
220426 - meets COE format requirements and appears to reflect understandings
220427 - reached with UPRR in the meeting on 961212. ref SDS 7
220428 -
220429 - Dutra and COE will meet on 970115 at UPRR facility, to expedite review
220430 - and approval of construction methodology and design for crossing the
220431 - UPRR tracks.
220432 -
220433 -
220434 -
2205 -