THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
S U M M A R Y
DIARY: February 24, 1997 07:00 AM Monday;
Visited Tom on scope of services for Richmond; evaluation of Oakland.
2...Review Revised Scope of Services
.......Review of Leonard's Draft
.......Claim Support, Risk Management
.......Mentor COE in Learning Communication Metrics
3...Computers for Project Office, Automation Plan
4...Sausalito Office Support
5...Develop Budget for Scope of Services
6...COE Mobilize Staff/Facilities for Richmond Project Launch
7...Payment for Shoaling Under Review
8...Todd/Schnitzer, Galbraith - Meeting with Dutra, Bonding Company
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0201 - Corps of Engineers, SFD 415 977 8400 fax 8483
020101 - Mr. Max R. Blodgett, II, P.E., L.S.
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 8473/8701
020202 - Construction Operations Division =415 977 8480
Richmond Harbor Deepening
Staffing of Project
Port of Richmond
Richmond Harbor Deepening
0807 - ..
0808 - Summary/Objective
080901 - Followed up work at ref SDS 20 line 77, ref SDS 17 line 153.
080903 - Submitted proposed scope of services; Tom approved it with a few
080904 - comments. Received draft prepared by Leonard and applied his points.
080905 - Discussed meeting later in the day to finalize the scope of services,
080906 - but turned out Leonard's meeting at 1300 ran too long, so will meet
080907 - tomorrow at 1000 with Tom and Leonard. The meeting with Dutra did not
080908 - provide new evidence that warrants action by COE to deal with a
080909 - hazardous materials condition. Max asked about using Communication
080910 - Metrics on Oakland Harbor claims, and we considered COE counsel needs
080911 - to get deeper into the issues.
080915 - ..
0812 - Progress
081301 - Review Revised Scope of Services
081303 - Discussed with Tom the revisions to the original scope of services for
081304 - the Oakland Harbor project, ref OF 4 line 8, which he provided last
081305 - Friday, ref SDS 17 line 177, and which I amended to incorporate
081306 - Communication Metrics, beginning at ref SDS 18 line 118, to create ref
081307 - OF 5 line 7, completed at ref SDS 20 line 77.
081309 - Did not explain simpler alternative at ref OF 6 line 14, prepared per
081310 - ref SDS 20 line 178, because Tom liked the initial approach.
081312 - Tom examined the highlighted changes to the original document and said
081313 - the changes appear satisfactory. He liked the cross references added
081314 - that clarify the correlation between various provisions.
081316 - Tom added language to paragraph 4 "PERIOD OF SERVICES" to state the
081317 - the project is to run 24 months.
081319 - I added a sentence to reflect this duration.
081321 - [See change in meeting with Leonard and Tom on 970225 changing
081322 - 24 to 14 months, ref SDS 22 line 104.]
081324 - I explained my discussion with Leonard this morning, that he has faxed
081325 - a draft to Tom, and that we hope to meet with Tom before he goes home
081326 - at 1500 today, if Leonard's meeting at 1300 with Dutra on the
081327 - Todd/Schnitzer Wing matter, completes in time, ref SDS 21 line 68.
081329 - I asked about reviewing Leonard's draft to prepare for meeting with
081330 - him later today. Tom said he has not seen it. I suggested that Tom
081331 - call Leonard about getting his proposed draft, per our discussion this
081332 - morning that he faxed it to Tom yesterday, ref SDS 21 line 71.
081334 - Tom called Leonard during our meeting, and Leonard confirmed that he
081335 - faxed a proposed scope of services for Tom's review last Friday, which
081336 - he prepared using the scope for the Oakland Harbor job, and the
081337 - proposed scope I submitted that Tom had provided for him last Friday,
081338 - per my discussion with Leonard on Thursday, ref SDS 16 line 307. Tom
081339 - retrieved Leonard's draft from the fax machine and we reviewed it.
081341 - Tom advised Leonard that he (Tom) and I have developed a draft Scope
081342 - of Services that applies the ideas reflected in Leonard's submission.
081343 - We set a meeting to review the Welch draft together, if there is
081344 - enough time following Leonard's meeting with Dutra at 1300, per our
081345 - discussion this morning.
081348 - Review of Leonard's Draft
081350 - Leonard's draft proposes a simple one line addition which Tom
081351 - prepared to insert Communication Metrics into the introductory
081352 - paragraph for DESCRIPTION OF WORK. This is similar to my draft,
081353 - ref OF 5 line 9. Tom suggests saying "
081355 - and Communication Metrics for new and O&M dredging for the
081356 - ---
081357 - I previously had...
081359 - ... of new and O&M dredging for the
081360 - --
081361 - ...and so I changed my draft to Tom's language.
081364 - Leonard's draft applies Tom's suggestion to break paragraph 3
081365 - into levels "a" and "b", which is done in my draft at ref OF 5
081366 - line 96, and at ref OF 5 line 212.
081368 - Leonard's draft shows 7 copies are to be provided by the A-E for
081369 - the Monthly Summary Report, and the project completion report,
081370 - so I made these change in my draft at ref OF 5 line 453 and at
081371 - ref OF 5 line 498.
081373 - Leonard's draft defines a "purpose of Communication Metrics"
081374 - from my letter to Marc McGovern transmitting the proposed scope
081375 - for Communication Metrics at ref OF 1 line 57. I think the
081376 - "purpose" of Communication Metrics is adequately spelled out in
081377 - the "DESCRIPTION OF WORK" at ref OF 5 line 21, calling for
081378 - decision support of Contract Administration, and also in the
081379 - Requirements at ref OF 5 line 211.
081382 - Claim Support, Risk Management
081384 - One thing that is not strongly set out in the current draft is
081385 - claim support, which is in Leonard's draft, again, using
081386 - langauge from the draft scope of services submitted to Marc at
081387 - ref OF 1 line 61.
081389 - The current draft addresses claims only in checkpoint 6 under
081390 - reports, it gives the Communication Manager an affirmative duty
081391 - to give the Contracting Notice of matters which may warrant
081392 - consideration with respect to potential claims that could arise
081393 - in relation to the prime contractor's dredging construction
081394 - work, ref OF 5 line 431. I changed Requirements para 3b to
081395 - expressly support risk management, including claim support, ref
081396 - OF 5 line 213.
081399 - Facilitating Meetings
081401 - Leonard has lined this out of the scope, which is in the draft
081402 - Tom and I developed at ref OF 5 line 261.
081404 - We will discuss this at the meeting this afternoon, since there
081405 - may be a misunderstanding on the scope.
081408 - Mentor COE in Learning Communication Metrics
081410 - Leonard has lined this out of the scope, which is in the draft
081411 - Tom and I developed at ref OF 5 line 262.
081413 - We will discuss this at the meeting this afternoon. Max has
081414 - specifically requested this support, ref SDS 2 line 224.
081418 - Computers for Project Office, Automation Plan
081420 - Tom suggests handling the procurement of computers for the Project
081421 - Office differently from the explanation in para 3b(9), ref OF 5 line
081422 - 275, as considered yesterday, ref SDS 20 line 172.
081424 - Solution - we might just eliminate this section and rely on the
081425 - requirements in para 1 under Description of Work calling for A-E to
081426 - furnish "...computers, scanning,..." ref OF 5 line 31 and the
081427 - automation plan specified in Requirements, para 3b(10), ref OF 6 line
081428 - 286, and Schedule of Services, para 5b(4), ref OF 5 line 354.
081430 - Think we will eliminate language in 3b(9) an modify 3b(10) to produce
081431 - a result that requires providing and configuring computer stuff.
081432 - Change the language to provide training to perform Communication
081433 - Metrics. This will be a new para 3b(9).
081435 - [See follow up where Tom and Leonard approved this approach with
081436 - one more change, per ref SDS 22 line 221.]
081438 - In doing this the folks who develop a budget need to be alerted about
081439 - the elements of computer stuff that is needed. We can discuss it
081440 - tomorrow, but by the time it gets to government estimators, the need
081441 - will have been forgotten. They are going to price what they see.
081443 - ..
081445 - Want to spell out in some detail the condition of starting the project
081446 - using existing COE manual procedures, and then having to transition to
081447 - apply new automated systems, which will entail some duplication of
081448 - effort to overcome mistakes during a transition phase.
081450 - [See follow up reviewing a revised para 3b(9) with Tom and
081451 - Leonard, ref SDS 22 3148.]
081454 - Sausalito Office Support
081456 - Followed up work at ref SDS 17 line 213.
081458 - Tom and I examined para 3c calling for Communication Metrics support
081459 - for the Resident Engineer at the Sausalito office, ref OF 5 line 296,
081460 - as described in the 970115 letter to Marc, ref DIP 2 line 244.
081462 - He feels this is appropriate. We reviewed Leonard's draft and it
081463 - also includes support for the Sausalito office.
081467 - Develop Budget for Scope of Services
081469 - Followed up work at ref SDS 17 line 227.
081471 - When Tom called Leonard during our meeting, he asked about the size of
081472 - the construction contract, and Leonard said Richmond is a $34M job
081473 - that runs for 2 years.
081475 - Tom said COE practice is that management costs for the construction
081476 - contract should run from 6% - 8% of the construction contract amount,
081477 - so that would be about $2.6M, which has to cover COE expenses,
081478 - Inspection Services, as well as Communication Metrics. If our cost is
081479 - $600K per year, that would be $1.2M, leaving another $1.4M for
081480 - everything else, which probably is not enough. So we may need to
081481 - assess the prospects of budgeting separate funds for support of the
081482 - Sausalito office on the grounds that this is effort covers more than
081483 - the Richmond project. It provides interim support to transition
081484 - staffing up of the RE office, and for implementing the new business
081485 - systems.
081487 - Tom looked at a standard accounting report distributed each month for
081488 - COE operations, and that report seemed to indicate that the total cost
081489 - for the Richmond job is about $34M but construction cost is only about
081490 - $18M. If that is true, the management expense is only about $1.5M.
081491 - So we need to develop some good numbers and a strategy for budgeting
081492 - that does not raise insoluable questions.
081496 - COE Mobilize Staff/Facilities for Richmond Project Launch
081498 - Followed up work at ref SDS 17 line 273.
081500 - I advised Tom that his email on the tasks Leonard needs to perform in
081501 - order to mobilize for starting the Richmond project has still been
081502 - received via Internet. Tom opened his email program and found the
081503 - memo was actually addressed to Leonard, with a cc to me. He printed
081504 - the document and gave it to me. I entered it at ref DRT 1 line 28.
081506 - This letter identifies a number of tasks that are needed in order for
081507 - COE to prepare to begin the project after contract in April, per ref
081508 - SDS 17 line 273.
081510 - [The steps in Tom's letter which are required to mobilize the
081511 - Project Office, were started in the meeting the next day with
081512 - Leonard, per ref SDS 22 line 169.]
081514 - Tom said today that a concern has come up that the firm under
081515 - consideration for this small business award, may not qualify because
081516 - it is a member of a larger firm. He has discussed this with Monti and
081517 - they are concerned about it in relation to being able to get a
081518 - contract awarded and in place in time for work to begin. After this
081519 - week the matter becomes critical.
0020 Combine RFPs 9-11 and 960312 letter
Bankruptcy Filing Chapter 11
0019 Remove concentrated debris Todd and
Litigation Support, Oakland
1609 - ..
160901 - Followed up ref SDS 17 7437, ref SDS 16 8845.
160903 - I visited for a few minutes with Max, before meeting with Tom
160904 - Keesling. Tom had Captain Jenkins in his office when I arrived.
160906 - Max asked if I have discussed with COE counsel providing support for
160907 - the Dutra situation vis a vis the bankruptcy and the several claims
160908 - that are pending. He said that was a key objective in using SDS for
160909 - Communication Metrics support discussed on 960105. ref SDS 1 8444
160911 - I advised of my meeting last Monday with Merry, ref SDS 13 0000 (which
160912 - Max and I discussed last week, ref SDS 16 6447), and her indicaton
160913 - later on Thursday when I came by to follow up (at Max's suggestion),
160914 - that, at that time, she was unable to consider claim support this
160915 - week, due to a hectic schedule in producing a report, ref SDS 16 8573.
160917 - [See need for assistance on 970404, ref SDS 23 5833.]
160919 - [See need for support on 970417, but not enough time to prepare a
160920 - contract to obtain support, ref SDS 24 9004; report to Max on
160921 - 970421, ref SDS 25 9044.]
160923 - Max seemed to indicate in our discusson this morning that COE needs
160924 - Communication Metrics support in connection with this litigation
160925 - matter. I explained my sense that the normal legal process will lead
160926 - counsel to encounter the SDS record, and at that time it may be easier
160927 - to recognize the value of SDS skills, as discussed with Merry last
160928 - Monday, when she saw the SDS demonstration, ref SDS 13 8322. This is
160929 - a hectic time for the counsel's office, and so they need a chance to
160930 - get settled in order to evaluate the need for Communication Metrics on
160931 - dispute resolution.
160933 - [See later need for support and not having enough time to prepare
160934 - a contract to obtain support, ref SDS 24 9004.]
160936 - I also mentioned Marc's impression on 970221 that Merry may feel that
160937 - support by the visiting attorney from Seattle is adequate since
160938 - counsel has expressed a preference for claim consultants who have
160939 - provided prior service to him, ref SDS 17 8477.
Schedule for Construction, 52.236-15
Cure Notice, 0019
Payment Dredging Quantity Measurement
220801 - Payment for Shoaling Under Review
220803 - Followed up work at ref SDS 17 line 320, ref SDS 11 line 257.
220805 - Max mentioned a letter has been prepared on the shoaling matter that
220806 - seems to support prior recommendations, but it has not yet been fully
220807 - supported by command.
0019 Remove concentrated debris Todd and
Galbraith, Disposal at
Hazardous Materials in Todd/Schnitzer,
Piling encountered, Schnitzer
Failure to Perform
270801 - ..
270802 - Todd/Schnitzer, Galbraith - Meeting with Dutra, Bonding Company
270804 - Followed up work at ref SDS 17 line 370, ref SDS 11 line 175.
270806 - When I called Leonard this morning, ref SDS 21 0000, he advised they
270807 - are having the meeting today that Dutra has been requesting with its
270808 - insurance people to discuss Todd/Schnitzer, per meeting on 970110...
270809 - ref SDS 4 1656
270811 - In my discussion with Max, he was not sure he would attend today's
270812 - meeting with Dutra.
270814 - We considered briefly the potential for an unsupported contention
270815 - about environmental matters to escalate beyond the bounds of any real
270816 - problem that might exist. Max said a rep from the RWQC will attend,
270817 - and possibly someone from the EPA. He expressed concern about
270818 - apparent verbal representations he recalled hearing from Bob Johnston
270819 - and/or Bill Dutra, that some members of Dutra's crew experienced eye
270820 - burns and vomitting during the brief time the Antone was improperly
270821 - performing dredging operations in the Todd and/or Schnitzer Wings,
270822 - which Dutra alleges were caused by having encountered "hazardous"
270823 - materials. This evidence is opposed by reports from COE inspectors
270824 - who observed the work and only noticed the oder of creosote, which is
270825 - shown in the EIS and is not "hazardous."
270827 - We considered that this matter can only be resolved by performing the
270828 - work. Dutra can approach the work in any way it wishes, and if it
270829 - does not encounter hazardous materials then it will be paid the
270830 - contract price, and if it does, then an equitable adjustment will be
270831 - made. The alternative is to eliminate this work from Dutra's contract
270832 - and bid it as a separate contract to others.
270833 - ..
270834 - When Leonard called me at 1600 to set up the meeting tomorrow on
270835 - the Richmond project, ref SDS 21 0688, he said that nothing was
270836 - accomplished at this meeting, which ran about 3 hours. He indicated
270837 - no new evidence was submitted and no new grounds were advanced to
270838 - support a conclusion that the work is substantially different from the
270839 - level of contanminated materials which are specified for disposal at
270840 - the Galbraith site, as set out in the notes of the 970106 Contract
270841 - Administration meeting. ref SDS 3 0668
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