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


S U M M A R Y


DIARY: February 11, 1997 09:06 AM Tuesday; Rod Welch

Met Marc McGovern and Tom Benero at COE on various matters.

1...Summary/Objective
2...Payment Being Processed
3...Meeting with Bonding Company on Hazardous Materials Issue
4...Not Enough Time to Remember on Information Highway
5...Dutra Demanding Meeting on Hazardous Waste Requires Evidence
6...Dutra's 961213 Schedule, Review by G&B
7...Dutra Falling Behind Schedule on Desiging NSL


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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. Thomas Benero; Chief =415 977 8511; Contracting Division

SUBJECTS
Increase Budget, Port of Oakland
COE Staffing
Port of Richmond

0805 -    ..
0806 - Summary/Objective
0807 -
080701 - Follow up ref SDS 41 0000, ref SDS 40 0000.
080702 -
080703 - Tom Keesling was not in today, so was not able to determine status. I
080704 - talked to Tom Benero and he advised that Tom Keesling has not yet
080705 - submitted a procurement to him.
080706 -
080707 - I spoke with Monti briefly, on the way to the elevator, after talking
080708 - to Tom Benero, per below, and she advised that the form 2626 is only
080709 - used for construction contract evaluations.  She indicated there is a
080710 - different FAR regulation on evaluating management support contractors.
080711 - She will get a copy of this for Tom to support his evaluation of the
080712 - Welch contract.
080713 - ..
080714 - Sounds like all Tom has to do is to write a letter or memo, so I
080715 - need to draft this up.
080716 -
080717 - I spoke to Marc McGovern, per below.  He seemed to indicate I am still
080718 - needed.  We discussed briefly the correction in understandings from
080719 - Tom Benero on hiring Welch, ref SDS 36 line 152.  Marc seemed to have
080720 - a strong recollection that Tom Benero indicated at the time of our
080721 - meeting on 970128 that COE could not hire Welch nor Jim Stout, per ref
080722 - SDS 33 line 99.  He indicated that with so many meetings, there may
080723 - have been some confusion on this point by either Tom or himself.
080724 -
080725 - On the way out of the building, I spoke briefly to Mike Murphy in the
080726 - elevator lobby.  He was coming in to see Marc.  Mike asked when I am
080727 - expected to be back under contract.  He said they need my support in
080728 - Sausalito.  I explained my understanding that Tom Keesling is working
080729 - on a procurement.
080730 -
080731 -
080732 -
0808 -

SUBJECTS
Invoice period 961111 961226

0904 -
090401 -  ..
090402 - Payment Being Processed
090403 -
090404 - Follow up work at ref SDS 41 line 110.
090405 -
090406 - Tom was not in today.  I asked Rose about this and she remembered
090407 - calling Sacramento but she could not remember when this call was made.
090408 -
090409 - Rose said that when she called she was told that the person in
090410 - Sacramento who processes payments had not yet received the document
090411 - from Finance in the SF District.  Rose mentioned that a document was
090412 - missing and that someone in Finance had submitted it.  It was not
090413 - clear if this is the same document Tom Keesling recalled was faxed
090414 - last week, ref SDS 39 line 125.  The implication from Rose today is
090415 - that when she called the document had still not been received in the
090416 - Sacramento office of COE.
090417 -
090418 -
090419 -
090420 -
0905 -

SUBJECTS
0019   Remove concentrated debris Todd and
Galbraith, Disposal at
Hazardous Materials in Todd/Schnitzer,
Piling encountered, Schnitzer
Failure to Perform
Conventional Management Not Enough Time to

1509 -
150901 -  ..
150902 - Meeting with Bonding Company on Hazardous Materials Issue
150903 -
150904 - Marc advised that a meeting has been scheduled with Dutra and its
150905 - bonding company, the Port of Oakland and so on, as requested by Dutra
150906 - on the following dates:
150907 -
150908 -     961219 Contract Admin meeting, ref SDS 14 line 504
150909 -
150910 -     961220 Dutra serial letter #0212, received into SDS record on
150911 -     970110, ref SDS 29 line 226.
150912 -
150913 - Marc seemed to indicate that COE has received a letter from Dutra's
150914 - bonding company that supports Dutra's failure to perform work in the
150915 - Todd and Schnitzer Wings, despite notice from COE that conditions in
150916 - these locations are as specified in the original contract with respect
150917 - to there being no evidence of hazardous materials.  Marc mentioned
150918 - that Dutra's bonding company maintains it lacks expertise to evaluate
150919 - this matter and so has consulted with environmental experts for an
150920 - opinion.
150921 - ..
150922 - I suggested that COE notify Dutra that it will meet to discuss
150923 - hazardous materials in Todd and Schnitzer after receipt of evidence
150924 - from Dutra that hazardous materials exist at these locations, and also
150925 - notify Dutra's bonding company and surity to submit any information
150926 - they have that supports their failure to make good on their bond and
150927 - insurance guarentees.
150928 -
150929 - Marc plans to draft a letter along these lines for Leonard to submit
150930 - to Dutra.
150931 -
150932 -
150933 -
150934 -  ..
1510 -
1511 -
1512 - 1022 visited Tom Benero
1513 -
151301 - Not Enough Time to Remember on Information Highway
151302 - Dutra Demanding Meeting on Hazardous Waste Requires Evidence
151303 -
151304 - Advised Tom of Marc's understanding that COE has agreed to meet with
151305 - Dutra on its request for a large group to determine a "solution" to
151306 - the hazardous materials problem at Todd and Schnitzer.  I also related
151307 - the discussion with respect notifying Dutra's bonding company and
151308 - surity to submit any information they develop that supports failure to
151309 - enforce the obligations of their bonds and policies.
151310 - ..
151311 - Tom advised he is unaware that Dutra is seeking such a meeting.
151312 -
151313 - I related the background of the discussion with Marc, and expressed
151314 - concern about having introduced more confusion into the record because
151315 - there is not enough time for busy executives to remember, similar to
151316 - what occurred on RFP #19 reported on 961218, ref SDS 13 5775, again on
151317 - the Welch procurement, as discussed above with Marc and at ref SDS 36
151318 - 4773, and the Welch closeout contract on 970110. ref SDS 29 5893.
151319 -
151320 -      [On 970910 professional event reported that executives do not
151321 -      have time to think. ref SDS 43 2139]
151322 -
151323 - Tom read a recent letter from Dutra's bonding company, Johnson &
151324 - Higgins, dated something like 970124.  It mainly re-states unuspported
151325 - contentions in its earlier letter dated 961219, ref DRP 2 0001,
151326 - attached to Dutra's serial letter #0190 dated 961119, received at the
151327 - Progress Meeting on 961119. ref SDS 2 0492  This letter does not say
151328 - anything about seeking an opinion from experts on conditions at Todd
151329 - and Schnitzer.
151330 - ..
151331 - Tom concurred that COE should notify Dutra demanding evidence
151332 - that supports Dutra's contention that hazardous wastes exist, per
151333 - discussion with Marc, above. ref SDS 0 8445
151334 -
151335 -
151336 -
151337 -
1514 -

SUBJECTS
Schedule for Construction, 52.236-15
Cure Notice, 0019
Schedule Review, Dutra, Port of Oakland,
Spreadsheet Analysis, Shoaling

2007 -
200701 -  ..
200702 - Dutra's 961213 Schedule, Review by G&B
200703 -
200704 - Marc indicated he received from Tom Keesling the spreadsheet analysis
200705 - of Dutra's 961213 schedule submission, which I gave to Tom last week,
200706 - ref SDS 40 7777
200707 -
200708 - He has submitted it to Rick Oleniczak at Gahagan & Bryant for
200709 - evaluation.
200710 -
200711 - There was a revised schedule dated oa 970124 on Marc's desk when I
200712 - arrived.  It seemed to show that the Paula Lee and the Antone are
200713 - ahead of schedule.  It was not clear that any progress was reported
200714 - for the DB #24.  This schedule seems to show completion by 971119,
200715 - similar to Dutra's updated schedule issued on 971213, which did not
200716 - include the DB #24.
200717 -
200718 -
200719 -
200720 -
2008 -

SUBJECTS
Sewer Line Installation

2104 -
210401 -  ..
210402 - Dutra Falling Behind Schedule on Desiging NSL
210403 -
210404 - Follow up ref SDS 40 9705.
210405 -
210406 - Marc said Dutra has not yet submitted the information requested by
210407 - UPRR to supplement the open cut construction alternative.  Therefore,
210408 - the meeting at the site has not yet been scheduled.
210409 -
210410 - Dutra's updated schedule dated 961203 submitted to COE on 971213 shows
210411 - task #801 to finalize design of the Navy Sewer Line, as being complete
210412 - by 970215.  There seemed to be another update on Marc's desk when a I
210413 - arrived, however, I did not examine it closely enough to see if this
210414 - completion date has been changed.
210415 - ..
210416 - In any case, it seems likely that Dutra will miss the 970215
210417 - date to finalize the design.  Moreover, the design requires meeting
210418 - with UPRR to coordinate the work plan, including reaching agreement
210419 - with UPRR on improving the stability of the bank, as reviewed with
210420 - Kevin on 961211. ref SDS 10 7056
210421 -
210422 -
210423 -
210424 -
210425 -
2105 -
Distribution. . . . See "CONTACTS"