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 -