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 - Corps of Engineers, SFD            415 977 8400 fax 8483
020201 - Mr. Thompson F. Keesling, Architect; Assistant Chief =415 977 8473
020202 - Construction Operations Division   =415 977 8480

SUBJECTS
Schedule for Construction, 52.236-15
Cure Notice
Schedule Review, 970106
Superintendence by the Contractor, 52.236-6
Documents, Legal Support
Command & Control of the Record

1008 -    ..
1009 - Summary/Objective
1010 -
101001 - Followed up work at ref SDS 22 0000, ref SDS 20 0000.
101002 -
101003 - Obtained Dutra's serial letter #0206; received notice of new letters
101004 - COE received related to accelerated work by Dutra.  Developed steps
101005 - for COE to meet increased management needs resulting from Dutra's
101006 - acceleration to bring the Oakland project back on schedule.
101007 -
101008 -
101009 -
101010 -  ..
1011 -
1012 -
1013 - Progress
1014 -
101401 - I asked Tom Keesling this morning to call Tom Benero about having
101402 - received a letter from Dutra on 961213 on its Work Plan, per ref SDS
101403 - 22 8445.
101404 -
101405 - Tom called Tom Benero and was told Tom Benero did not recall receiving
101406 - a letter from Dutra at the meeting, before, during or after, the
101407 - meeting on 961213. Tom Benero will look for it and notify Tom Keesling
101408 - of the results. Possibly Bob Johnston and/or Bill Dutra simply left it
101409 - on Tom Benero's desk that day, or some other day.
101410 -
101411 -
101412 -
101413 -  ..
1015 -
1016 -
1017 - 1244 received call from Marc
1018 -
101801 - He said Tom Benero found a letter dated 961212, Dutra's serial letter
101802 - #0206, which lists as an enclosure Dutra's "Work Plan." ref DRT 1 line
101803 - 93.  This seems to be the letter Bob Johnston mentioned as having
101804 - given to Tom at the schedule review meeting on 961213, ref SDS 22
101805 - 8445
101806 -
101807 -
1019 -
1020 -
1021 - 1316 visited Marc at COE
1022 -
102201 - Received ref DRT 1 0001 which is Dutra's serial letter #0206 dated
102202 - 961212; and was evidently given to Tom Benero at the 961213 meeting,
102203 - but not discussed or analysed until today.
102204 -
102205 -     This scenario reflects the events surrounding the cancellation of
102206 -     RFP #19 where the details of various matters could not be
102207 -     marshalled in time to provide critical executive support. ref SDS
102208 -     10 5790
102209 -
102210 - Marc called me later and said he received another letter from Dutra
102211 - today that accuses COE of "extortion" in relation to withholding
102212 - retention.  He said Dutra cites a COE letter which he believes he
102213 - prepared some months ago based on research, but has since misplaced
102214 - the support for the letter.  Marc was concerned about how to respond
102215 - and asked if he could fax the letter to me.
102216 -
102217 -      [See receipt of this letter the next day, ref SDS 25 line 195.]
102218 -
102219 - I asked if Dutra identifies the COE document?  Marc said Dutra cites
102220 - COE serial letter #0015 dated 961119.  I looked it up and found it was
102221 - the response to Dutra's objection to COE's form 2626 unsatisfactory
102222 - evaluation, ref DIP 2 line 28.
102223 -
102224 -  ..
102225 -
102226 - There are three (3) actions COE should strongly consider taking:
102227 -
102228 -     1.  Greater use of Communication Metrics at meetings re the
102229 -         Oakland Harbor project for common understandings of what
102230 -         transpires, and timely, coordinated action.  Pending action
102231 -         items require daily attention per analysis at ref SDS 23 line
102232 -         249, per ref DIP 8 line 381.
102233 -
102234 -     2.  More resources are needed in the period ahead to ensure that
102235 -         all project documents are accounted for.  The serial number
102236 -         system facilitates this.  The SDS document log can be checked
102237 -         periodically, and where there are gaps in the numbers, Dutra
102238 -         needs to be asked for those documents.  A dedicated person is
102239 -         needed for this task.
102240 -
102241 -         This needs to be done immediately.
102242 -
102243 -           [See follow up the next day where this need is growing, ref
102244 -           SDS 25 line 176.]
102245 -
102246 -           [See were Marc asked Tom White to provide this support, ref
102247 -           SDS 26 line 327.]
102248 -
102249 -           [See where John Azeveda appointed oa 970624, ref SDS 28 line
102250 -           188; analysis of meeting with John on 970703, ref SDS 29
102251 -           line 138.]
102252 -
102253 -     3.  A full-time RE could be helpful on the Oakland project, who
102254 -         can assist COE executives in decisions affecting the Dutra
102255 -         contract, per meeting with Marc and Max, ref SDS 24 line 207.
102256 -
102257 -  ..
102258 - This might be a good time to consider retaining Jim Stout to support
102259 - the Oakland Harbor project.  The current situation requires regular
102260 - and immediate legal input.
102261 -
102262 -      [See follow up where Marc advised COE has begun a procurement to
102263 -      use Jim Stout, ref SDS 27 line 123.]
102264 -
102265 -  ..
1023 -
1024 -
1025 - Analysis Dutra's Serial Letter #0206 dated 961212
1026 -
102601 - This is Dutra's formal response to COE's Cure Notice dated 961206....
102602 - ref DIP 3 0000
102603 -
102604 - COE's serial letter #0120 dated 961220 noted that COE had examined the
102605 - documents Dutra submitted on 961213, ref DIP 7 0000; however, COE had
102606 - not actually examined this document.
102607 -
102608 - There is an action item for COE to respond to Dutra's serial letter
102609 - #0205 dated 961212 received at the 961213 meeting, ref SDS 6 line 201.
102610 - The letter received today, #0206 dated 961212 also, also requires a
102611 - response.
102612 -
102613 - The meaning and/or intent conveyed by Bob Johnston at the schedule
102614 - review meeting on 970106, ref SDS 22 8445, that Dutra's serial letter
102615 - #0206 submits the Work Plan as an "alternate" schedule to that
102616 - conveyed by Dutra's serial letter #0205 dated 961212, is not evident
102617 - in serial letter #0206, ref DRT 1 7302.  The complete context in
102618 - serial letter #0206 of explaining the Work Plan is as follows:
102619 -
102620 -     Please note the attachment to this letter titled 'Work Plan" which
102621 -     illustrates issues that can be resolved by bi-partisan teamwork.
102622 -     We propose this list be used by all the parties involved in this
102623 -     contract to achieve a successful 42 foot channel project.
102624 -
102625 - This explanation does not appear to identify the Work Plan as an
102626 - alternate schedule nor otherwise indicate that the Work Plan was not
102627 - intended as an implementation of the Schedule submission documents
102628 - identified by Dutra's 961213 document.
102629 -
102630 - Moreover, Dutra's serial letter #0206 describes the Headway as a
102631 - replacement for the Liberty Offloader, and indicates this will be
102632 - explained in connection with Dutra presenting its schedule update, ref
102633 - DRT 1 line 63.  This expression indicates that serial letter #0206 was
102634 - intended to supplement Dutra's schedule submission dated 961213, and
102635 - was not an "alternative" offer, as claimed by Dutra on 970106, some 20
102636 - days after the fact.
102637 -
102638 -
102639 - Develop Adequate Superintendence
102640 -
102641 - COE should notify Dutra of these understandings and should further
102642 - consider directing the Contractor to replace the superintendent with
102643 - one who will make timely, accurate representations to COE management,
102644 - as contemplated by the superintendence clause of the contract, as
102645 - considered previously at ref SDS 15 8502, and at ref SDS 3 3749 and
102646 - particularly at ref SDS 3 9960
102647 -
102648 -
102649 -
102650 -
102651 -