THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net
S U M M A R Y
DIARY: June 25, 1997 08:06 AM Wednesday;
Rod Welch
Submitted litigation report to replace the one lost by CE counsel.
1...Summary/Objective
2...Submit Litigation Support Report
3...Need Memo from Merry on Usefulness of SDS Record
4...John Azeveda Assigned Claim Team Manager - Claims Exceed $60M
5...Claims Management Requires Command and Control of the Record
6...Max Asks Welch to Meet with CE Claim Team Manager
7...District Leadership Must Lead on Difficult Issues
8...Reviewed Meeting with DE on 970624
9...Communication Metrics Report Given to Deputy District Engineer
10...Max Will Submit SDS Litigation Report to Merry Goodenough
11...Tom to Visit with John Azaveda on Communication Metrics
12...Email Lost on Information Highway
13...Luster to be Awarded Task Order 1
..............
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CONTACTS
0201 - Corps of Engineers, SFD O-00000632 0202
020101 - Mr. Thompson F. Keesling, Architect; Assistant Chief
020102 - Construction Operations Division
0202 - Corps of Engineers, SFD O-00000632 0201
020201 - Mr. Max R. Blodgett, II, P.E., L.S.
020202 - Construction Operations Division
0203 - Corps of Engineers, SFD O-00000632 0203
020301 - Mr. Marc McGovern; Construction Manager
020302 - Construction Operations Division
SUBJECTS
Oakland Litigation Support, 970417
Not Enough Time for Conventional Management
Liability/Cost Avoided by SDS Record
Litigation Support
Command & Control of Record Determines
Legal Support, Dispute Resolution
Support Claims Management Oakland Project,
Claim Team Support, 970625
2010 -
2010 - ..
2011 - Summary/Objective
2012 -
201201 - Follow up ref SDS 13 0000, ref SDS 10 0000.
201202 -
201203 - Prepared report to replace the one misplaced, as reported yesterday.
201204 - ref SDS 19 9045
201206 - ..
201207 - Max requested that I meet with John Azeveda to explain usefulness of
201208 - Communication Metrics for supporting John's assignement as Claim Team
201209 - Manager on the Oakland project where exposure now exceeds $60M.
201210 - Discussed with Max the advantage of leadership to obtain a memo from
201211 - Merry about usefulness of SDS report that can assist DE and John in
201212 - evaluating Communication Metrics. Marc McGovern said he will schedule
201213 - a meeting between Welch and John. Tom Keesling clarified that the
201214 - Communication Metrics report was given to the DDE. Correspondence on
201215 - this matter issued via email cannot be found.
201216 -
201218 - ..
2013 -
2014 -
2015 - Progress
2016 -
201601 - Submit Litigation Support Report
201602 -
201603 - Prepared transmittal to Tom Keesling, ref DIT 1 0000, with link to Jim
201604 - Stout's comments on 961015 about usefulness of SDS record for dispute
201605 - resolution, ref SDS 1 6118. It transmits the letter, ref DIP 1 0000,
201606 - originally submitted on 970417, ref SDS 13 1536, which Tom advised
201607 - yesterday, was misplaced in District Counsel's office. ref SDS 19 9045
201609 - ..
201610 - Cited meeting with DE yesterday. ref SDS 20 0717
201611 - ..
201612 - Put in a plug for organic subject structure used by SDS to
201613 - support Communication Metrics, cited in USACE report. ref DRP 1 5390
201614 -
201615 -
201617 - ..
2017 -
2018 -
2019 - 0837 Delivered Report
2020 -
202001 - Took the report to Max's office. He was very busy, but he read the
202002 - transmittal addressed to Tom Keesling for the report to Merry
202003 - Goodenough. ref DIT 1 0000
202005 - ..
202006 - Max asked me to have Tom Keesling give the report to Merry. see below.
202007 - ref SDS 0 7055
202008 -
202009 - Max changed his mind and submitted report. ref SDS 0 8603
202010 -
202012 - ..
202013 - Need Memo from Merry on Usefulness of SDS Record
202014 -
202015 - We considered our discussion yesterday in which Max requested this
202016 - report and indicated he would ask Merry for a memo, ref SDS 19 line
202017 - 220, confirming her earlier comment to Tom Keesling that the SDS
202018 - report was helpful to the District in supporting her meeting with the
202019 - Port of Oakland, in April, per the record at ref SDS 16 line 271. If
202020 - Merry will submit this memo, it would assist District staff in
202021 - presenting the advantages of using Communication Metrics to the
202022 - Commander.
202024 - ..
202025 - Max said he would prefer that Tom Keesling give the report to Merry.
202026 -
202027 - [On 981027 Merry reported Communication Metrics saved government
202028 - $200K. ref SDS 28 7315]
202029 -
202031 - ..
202032 - John Azeveda Assigned Claim Team Manager - Claims Exceed $60M
202033 -
202034 - Max said Dutra's claims on the Oakland project now exceed $60M.
202035 -
202036 - Max showed a job description he is preparing for John Azaveda to be
202037 - the new Claim Team Manager. He said the DE made the assignment, but
202038 - officially, John reports to Max.
202040 - ..
202041 - I mentioned discussions yesterday with Herb about all project
202042 - communications being channeled through John so there is a common
202043 - coordinating point necessary for effective management and claim
202044 - support, ref SDS 19 9420. We reviewed how this was accomplished under
202045 - the Communication Metrics Contract, as an inherent feature of the SDS
202046 - program. The report to Merry, discussed above, ref SDS 0 6399, is an
202047 - example of the benefit command and control of the record brings to
202048 - daily management, and to settling claims equitably, with minimal time
202049 - and expense, as cited by Jim Stout on 961015. ref SDS 1 6118
202050 - ..
202051 - Now, however, as a result of standing down on 961226,
202052 - ref SDS 3 0549, there is a large gap to cover for the past 6 months.
202053 - ..
202054 - Max said there are three tasks John must perform for the claim
202055 - assignment. He seemed to state the following:
202056 -
202057 - 1. Review and Evaluate Dutra's claims.
202058 - 2. Formulate Government position on claims
202059 - 3. Negotiate with Contractor to resolve claims.
202060 -
202061 - [On 981027 government paid $30M (75%) above contract price to
202062 - complete Oakland. ref SDS 28 9152]
202063 -
202065 - ..
202066 - Claims Management Requires Command and Control of the Record
202067 -
202068 - Max feels Communication Metrics is needed to help the government
202069 - develop an adequate record for avoiding payout of unjustified claims.
202070 - He wants support for three of John's tasks, per above, ref SDS 0 9990,
202071 - and as set out in my letter, ref DIP 2 9068, to Max on 970606.
202072 - ref SDS 18 5100
202074 - ..
202075 - Max expressed concern that John will be swamped by the enormity of the
202076 - record on the contractor's $60M+ claims, because the issues and the
202077 - work to assemble the record are escalating. ref SDS 0 7377 This is
202078 - the problem Max expected would occur on 970108 when he determined Com
202079 - Metrics was needed to protect the interests of the government.
202080 - ref SDS 4 4729
202081 - ..
202082 - He advised that John must, also, coordinate with the Port of
202083 - Oakland to show the District is adequately addressing exposure on
202084 - these claims which is shared by the Port.
202085 -
202086 - [On 970805 claim support contract being prepared. ref SDS 26 0612]
202087 -
202088 - [On 981027 claims settled for $30M. ref SDS 28 9152]
202089 -
202091 - ..
202092 - Max Asks Welch to Meet with CE Claim Team Manager
202093 -
202094 - Max asked me to have Marc McGovern set up a meeting with John for me
202095 - to explain Communication Metrics and how it supports claims and
202096 - litigation management. See below. ref SDS 0 7055
202097 -
202098 - [On 970627 Marc has talked to John, ref SDS 22 0783]
202100 - ..
202101 - [On 970702 met with John on Oakland claims. ref SDS 23 0000]
202102 -
202104 - ..
202105 - District Leadership Must Lead on Difficult Issues
202106 -
202107 - We reviewed our discussion yesterday about my meeting with DE on
202108 - 970624, ref SDS 20 0000, and the implications this has for leadership.
202109 - ref SDS 19 9593
202110 -
202111 - Within the District, the District Engineer, and Max, as Chief of
202112 - Construction Operations, are the leaders on this matter.
202114 - ..
202115 - Leadership was discussed with DE yesterday. ref SDS 20 1461 The value
202116 - of this role was reviewed previously on 970403 to launch the Richmond
202117 - project.
202119 - ..
202120 - Since DE has objected to using Communication Metrics, ref SDS 20 7388,
202121 - focused leadership by Max is needed to assist John in evaluating its
202122 - potential to help him and the government avoid significant extra
202123 - payment that is not justified by the record, per my letter to Max on
202124 - 970606. ref SDS 17 5197
202125 -
202126 - [On 970722 DE advises the problems on Oakland project are beyond
202127 - his experience. ref SDS 25 7488]
202129 - ..
202130 - [On 981027 government saved $190K using Communication Metrics at
202131 - cost of less than $50K, ref SDS 28 7315, and government paid
202132 - contractor $30M to settle Oakland claims. ref SDS 28 9152]
202134 - ..
202135 - This means Max should meet with John and advise that Communication
202136 - Metrics should be seriously considered; and, second that Max should
202137 - try to develop support that meets the DE's concerns about the
202138 - usefulness of Communication Metrics, since it seems likely, based on
202139 - the meeting yesterday between Welch and DE, that without DE's approval
202140 - John cannot use Communication Metrics. ref SDS 20 7388 Developing
202141 - support means in part obtaining a memo from Merry Goodenough, District
202142 - counsel, on the usefulness of the SDS report provided today, per Max's
202143 - request yesterday.
202144 -
202145 - [On 970627 follow up getting help for USACE to avoid outlay for
202146 - claims on Oakland Harbor project. ref SDS 22 0783]
202148 - ..
202149 - [On 970703 another letter on need for leadership. ref SDS 24 9603]
202151 - ..
202152 - [On 981027 received report from District Counsel saying without
202153 - doubt Com Metrics saved government money. ref SDS 28 7315]
202155 - ..
202156 - I pointed out that to assist Max in obtaining the memo from Merry, I
202157 - included with the transmittal of the litigation report to Merry, notes
202158 - of a meeting on 961015 with Tom Benero and Jim Stout in which Jim
202159 - expressed the opinion that the SDS record is helpful for dispute
202160 - resolution. Since Jim is respected in the District for his record of
202161 - success on litigating contract disputes, his opinion on the usefulness
202162 - of the SDS record may boost the chances that Merry would write the
202163 - memo needed to assist DE is recognizing added value of this method.
202164 -
202166 - ..
2022 -
2023 -
2024 - 0917 Discussion Marc, Tom Keesling
2025 -
202501 - Met Marc and Tom Keesling coming down the hall together.
202502 -
202503 - I advised of Max's request that Marc schedule a meeting with John to
202504 - learn about Communication Metrics. ref SDS 0 8499
202506 - ..
202507 - Marc said he will do this.
202509 - ..
202510 - I asked him to sit in on the meeting.
202512 - ..
202513 - I gave the litigation report for Merry, ref DIT 1 0000, to Tom and
202514 - advised that Max would like Tom to submit it to Merry. ref SDS 0 2450
202515 - ..
202516 - Below, report nearly lost again. ref SDS 0 8603
202518 - ..
202519 - We discussed briefly, that the transmittal letter addressed to Tom
202520 - intends to help focus on the challenge of achieving effective
202521 - information management, as indicated by our work yesterday, ref SDS 19
202522 - line 181, and this illustrates how Communication Metrics adds value to
202523 - the District by providing inherent organization of the record.
202524 -
202525 -
202526 -
202528 - ..
2026 -
2027 -
2028 - 1332 called Tom Keesling
2029 -
202901 - Reviewed Meeting with DE on 970624
202902 -
202903 - Discussed DE's concerns about Communication Metrics from my meeting
202904 - yesterday, including DE's recollection of not having seen the
202905 - Communication Metrics report, ref SDS 20 8492, and his view that this
202906 - method is not cost effective. ref SDS 20 7388
202907 -
202909 - ..
202910 - Communication Metrics Report Given to Deputy District Engineer
202911 -
202912 - Follow up ref SDS 20 8492, ref SDS 19 6615.
202913 -
202914 - Tom recalled that he gave the report on Communication Metrics to the
202915 - Deputy District Engineer, with the understanding that it would be
202916 - provided to DE.
202918 - ..
202919 - This clarifies discussion yesterday. ref SDS 19 6615
202921 - ..
202922 - Evidently DDE did not submitt the Communication Metrics report to the
202923 - DE, per meeting yesterday. ref SDS 20 8492
202924 -
202925 - [On 970926 similar problem with HQ communications. ref SDS 27 0552]
202926 -
202928 - ..
202929 - Max Will Submit SDS Litigation Report to Merry Goodenough
202930 -
202931 - Follow up ref SDS 19 9045.
202932 -
202933 - Tom said after our discussion this morning in the hallway with Marc,
202934 - ref SDS 0 7055, where I gave Tom the re-submission of the litigation
202935 - report for Merry Goodenough, ref DIT 1 0000, requested yesterday....
202936 - ref SDS 19 9045, Tom then went to Max's office for a discussion.
202938 - ..
202939 - Tom either asked Max about the report, or Max simply noticed that Tom
202940 - had the report for Merry, and then Max evidently changed his mind and
202941 - decided to give the report to Merry himself. ref SDS 0 2450
202943 - ..
202944 - So Tom gave the report back to Max with the understanding that Max
202945 - would give it to Merry and discuss using Communication Metrics for
202946 - litigatino support. ref DIT 1 0000
202947 - ..
202948 - This may reflect the leadership matter discussed above.
202949 - ref SDS 0 8401
202950 -
202951 - [On 970722 Merry indicated Communication Metrics would help the
202952 - government if used on Oakland litigation. ref SDS 25 2838]
202953 -
202954 - [On 971027 Communication Metrics report saved government $200K,
202955 - indicating it was delivered successfully. ref SDS 28 7315]
202956 -
202958 - ..
202959 - Tom to Visit with John Azaveda on Communication Metrics
202960 -
202961 - I asked Tom to visit with John Azaveda about our initial work on the
202962 - Claim Team last year, and the role of Communication Metrics, including
202963 - showing him Tom's report, ref DRP 1 line 118. Tom will do this and let
202964 - me know the results, so I have some clues about John's receptiveness
202965 - and concerns that can guide the meeting that Marc is setting up.
202966 -
202968 - ..
202969 - Email Lost on Information Highway
202970 -
202971 - Tom said he has not been able to locate the email he sent to and
202972 - received from DE on the Communication Metrics report, per our
202973 - discussion yesterday. ref SDS 19 6321
202974 -
202975 -
202976 -
202977 -
2030 -
SUBJECTS
RMS Support
Task Order 1, Inspection
2304 -
230501 - ..
230502 - Luster to be Awarded Task Order 1
230503 -
230504 - Tom advised of results from his meeting this morning with Luster. He
230505 - said they decided the scope specified in Task Order 1 is adequate for
230506 - Luster to provide RMS support.
230507 -
230508 - I entered the record at ref SDS 21 line 86.
230509 -
230510 -
230511 -
230512 -
230513 -
230514 -
230515 -
230516 -
230517 -
230518 -
230519 -
230520 -
230521 -
2306 -
2307 -
Distribution. . . . See "CONTACTS"