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


S U M M A R Y


DIARY: January 17, 1997 11:28 AM Friday; Rod Welch

Visited COE re status of scope of services for Comm Metrics at COE.

1...Summary/Objective
2...CESPN Wants Communication Metrics for Claims Support
3...Marc said that Len Cardoza with the Port of Oakland has approved COE
4...Max said he read the draft scope of services for Communication Metrics
5...Port Objects to Corps of Engineers Using Com Metrics
6...Turning Out the Lights
7...Dutra's Price for RFP #20 Appears to be Non-responsive


..............
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CONTACTS 
0201 - Corps of Engineers, SFD            415 977 8400 fax 8483
020101 - Mr. Max R. Blodgett, II, P.E., L.S.
020102 - Chief =415 977 8444; Construction Operations Division =415 977 8480
0202 - Corps of Engineers, SFD            415 977 8400 fax 8483
020201 - Mr. Marc McGovern; Construction Manager =415 977 8467
020202 - Construction Operations Division   =415 977 8480

SUBJECTS
Welch Closeout Contract, 970111
Port of Richmond, Port of Oakland
COE Staffing
Port of Oakland Says Not Needed
Project Management Plan (PMP)
Sales discussions
Scope Services Next Phase Comm Metrics
Port Questions Need for Comm Metrics

1310 -    ..
1311 - Summary/Objective
1312 -
131201 - Follow up ref SDS 10 0000, ref SDS 9 0000.
131202 -
131203 - COE seems to have made some progress on developing scope of services
131204 - to support the Port of Oakland project, but has encountered further
131205 - resistance from POO.  Marc received a lot of new documents from Dutra
131206 - and the Port, reflecting the growing need for management support.  We
131207 - reviewed some apparent conflicts in the record presented by Dutra.
131208 -
131209 -     [On 970212 Tom Keesling preparing contract for Com Metrics on Port
131210 -     of Richmond project. ref SDS 12 7749
131211 -
131212 -
131213 -
131214 -  ..
1313 -
1314 -
1315 - Discussion
1316 -
131601 - CESPN Wants Communication Metrics for Claims Support
131602 -
131603 - Marc said he received the scope of services, ref DIP 3 0001, submitted
131604 - on 970115 via internet, ref SDS 9 0001, and prepared as related in the
131605 - same record, ref SDS 9 5287, and revised yesterday. ref SDS 10 0001
131606 -
131607 - Marc wants to add the need for claims analysis per discussion on
131608 - 970115. ref SDS 9 PO7O  He expects to prepare and submit a procurement
131609 - to Tom Benero for Communication Metrics and for legal support to use
131610 - Jim Stout.
131611 -
131612 -       [On 970121 Max preparing procurment for Welch to complete
131613 -       Oakland project; report that Port of Oakland objects to hiring
131614 -       Welch and Stout, ref SDS 11 TR8J
131615 - ..
131616 - I explained the scope of services includes Claims analysis.
131617 -
131618 - There was consideration that Communication Metrics intends to reduce
131619 - the incidence of claims through "Concurrent Discovery," and if any
131620 - claim occurs, then the "record" positions counsel to present COE's
131621 - case, without significant additional support from "claims" experts.
131622 -
131623 -  ..
131624 - Marc said that Len Cardoza with the Port of Oakland has approved COE
131625 - hiring a claims specialist.
131626 -
131627 -     [....below, Port against Welch and Com Metrics. ref SDS 0 6288
131628 -
131629 - Marc advised that he has begun a procurement to hire Jim Stout for
131630 - legal advice trial counsel on the Port Oakland Claims, per Welch
131631 - recommendation to Max on 970109. ref SDS 7 KV5H
131632 -
131633 - We considered this traditional approach entails hiring someone to
131634 - review the historical record and present it in the most favorable
131635 - light to the client.  It is separated from daily management in
131636 - location, activity and usually by time.
131637 - ..
131638 - Communication Metrics intends to integrate claims analysis with
131639 - daily management, so all parties can adjust course to avoid claims and
131640 - mitigate damages, per discussion with Max in our first meeting on
131641 - 960105, ref SDS 1 line 262.
131642 -
131643 - Marc feels that the DE and the Port of Oakland do not want Welch to
131644 - perform Communication Metrics on the Oakland Harbor project, per
131645 - discussion with Tom Benero and Max last Friday, ref SDS 8 line 560. I
131646 - related an understanding that Max has indicated Rick Ferrin told him
131647 - the Port does not object, ref SDS 9 line 175. This presents a quandary
131648 - since the scope of services seems to be aimed at hiring Welch to
131649 - perform Communication Metrics on the Port of Oakland job; indeed, it
131650 - says "Communication Metrics." ref DIP 4 line 60.
131651 -
131652 - There was consideration of developing agreement between COE and the
131653 - Port on a project management plan for meetings, per discussion with
131654 - Max on Wednesday, ref SDS 9 line 158.
131655 -
131656 -
131657 -  ..
1317 -
1318 -
1319 - 1240 discussion with Max
1320 -
132001 - Max said he read the draft scope of services for Communication Metrics
132002 - submitted yesterday. ref SDS 10 0001  He seemed to indicate it
132003 - reflected what is needed and what he has in mind, per our discussion
132004 - on 961206, ref SDS 5 1204, per my letter dated 970108, ref DIP 2 0001
132005 - issued at ref SDS 6 5002
132006 -
132007 -     [See follow up by Max on 970311 re SOS. ref SDS 14 5835]
132008 -
132009 - I mentioned what seems like a split within COE on the application of
132010 - Communication Metrics.  The managers want and Command is resisting due
132011 - to pressure from the Port of Oakland.  Max agreed.
132012 -
132013 -
132014 -  ..
132015 - Port Objects to Corps of Engineers Using Com Metrics
132016 -
132017 - Max advised that he and Tom Benero met recently with Len Cardoza, Gail
132018 - Staba and Jim McGrath, who represented the Port of Oakland.  Max said
132019 - Tom Benero asked at that meeting if the Port objects to using Welch
132020 - for Communication Metrics on the Oakland Harbor project, per DE's
132021 - understanding reported in our meeting last Friday. ref SDS 8 5739
132022 -
132023 -      [On 970213 Herb says that Port does not object, ref SDS 13 7269.]
132024 -
132025 - Max recalled Gail Staba saying she thinks Communication Metrics is not
132026 - needed to manage the job, reflecting her concern about not having
132027 - enough time to read and correct the record, expressed at the 961126
132028 - Progress Meeting. ref SDS 2 4988.
132029 - ..
132030 - Max related today that Len Cardoza cited, at this recent
132031 - meeting, his prior experience at Moffitt & Nichols where Communication
132032 - Metrics was not used; Lynn evidently argued to Max and Tom that since
132033 - Moffitt & Nichols seems to be succeeding without using the detailed
132034 - support provided by Communication Metrics (as he related in our
132035 - meeting on 961203, ref SDS 3 5005), then COE and the Port can be
132036 - successful on the Oakland Harbor project without Communication
132037 - Metrics.  This view reflects Len's observations last month when he
132038 - initially asked for a demonstration of Communication Metrics, then
132039 - changed his mind. ref SDS 4 9950
132040 -
132041 -      [See follow up where Marc McGovern reports Len Cardoza refuses to
132042 -      pay for Welch to provide Communication Metrics, and for COE to
132043 -      hire Jim Stout under contract to provide legal counsel, ref SDS
132044 -      11 line 114.]
132045 -
132046 -
132047 -
132048 -
1321 -

SUBJECTS
Port of Oakland Says Not Needed

1404 -
140401 -  ..
140402 - Turning Out the Lights
140403 -
140404 - Max related that Len Cardoza reported at this recent meeting having
140405 - advised the current DE, LTC Thompson, that the former DE, LTC Walsh,
140406 - and others believe that Communication Metrics is not needed to manage
140407 - the Oakland Harbor project.  This level of effort by someone who is
140408 - not familiar with Communication Metrics, reflects very strong feelings
140409 - against Welch and Communication Metrics, backed by political contacts.
140410 -
140411 - I asked Max about the viability of Marc's current procurement to hire
140412 - Welch for Communication Metrics in this politically charged climate?
140413 -
140414 - If DE is opposed to this because the Port of Oakland wants to avoid
140415 - accountability, per ref SDS 5 8444, then it seems self-defeating to
140416 - proceed down a path that requires a lot of work by Marc and others,
140417 - only to reach an assured collision and failure.
140418 - ..
140419 - Max seemed to indicate that COE can acquire the support it needs
140420 - under these conditions.  He indicated that he expects COE will hire
140421 - Welch through normal procurement channels.  He asked me to be patient.
140422 -
140423 -      [See follow up at ref SDS 11 6377.]
140424 -
140425 - I suggested that COE arrange other support to meet the immediate
140426 - demands for daily proactive management of the Oakland Harbor project,
140427 - per ref SDS 6 2748, and ref SDS 7 5833  Without adequate support,
140428 - every day the team falls behind, and matters unattended due to the
140429 - press of daily crisis (e.g., emergency flood control, Dutra's new
140430 - claim letters, Todd-Schnitzer Wings) begin to accumulate into major
140431 - problems.  Max indicated he is formulating a plan to address COE
140432 - staffing. per ref DIP 1 0001
140433 -
140434 -
140435 -
1405 -

SUBJECTS
0020   Combine RFPs 9-11 and 960312 letter

1504 -
150401 -  ..
150402 - Dutra's Price for RFP #20 Appears to be Non-responsive
150403 -
150404 - Marc showed a letter received recently responding to RFP #20.  It
150405 - appears to price the bid items affected by the change as lump sum
150406 - amounts, rather than as unit price increases, as called for by the
150407 - RFP.
150408 -
150409 - They argue in a transmittal letter that they had to cover the entire
150410 - area looking for "soft" material, and now must do so again to get the
150411 - hard material.  How does this differ from their practice on other
150412 - polygons that are classified as "Soft and Hard?"
150413 -
150414 -
150415 -
150416 -
150417 -
150418 -
150419 -
150420 -
150421 -
150422 -
Distribution. . . . See "CONTACTS"