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: July 2, 1997 09:05 AM Wednesday;
Rod Welch
Meeting with John about Oakland project and Dutra's claims.
1...Summary/Objective
2...Claim Team Swamped Needs Support to Review and Understand Documents
..............
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CONTACTS
0201 - Corps of Engineers, SFD O-00000632 0205
020101 - Mr. John Azeveda; Chief, Operations Branch
020102 - Construction Operations Division
0202 - Corps of Engineers, SFD O-00000632 0203
020201 - Mr. Marc McGovern; Construction Manager
020202 - Construction Operations Division
0203 - Corps of Engineers, SFD O-00000632 0104
020301 - Ms. Merry Goodenough, ESQ; Office of Counsel
SUBJECTS
Corps of Engineers, 970115
Oakland Claim Support, 970702
1004 -
1004 - ..
1005 - Summary/Objective
1006 -
100601 - Follow up ref SDS 23 0000, ref SDS 22 0000.
100602 - ..
100603 - John explained his objectives and approach to addressing Dutra's
100604 - claims. He had not seen the Communication Metrics report. John
100605 - requested a copy, and I submitted it after the meeting via a
100606 - transmittal letter, with copies to Tom and Max. John raised key issue
100607 - of getting contract completed at lowest cost.
100608 -
100609 - [On 970703 submitted letter to Tom and Max on how to complete work
100610 - quickly and economically, ref SDS 24 7089.]
100612 - ..
100613 - [On 970722 reviewed with Max. ref SDS 26 7448]
100615 - ..
100616 - [On 970723 meeting with Max and John. ref SDS 27 3382]
100618 - ..
100619 - [On 970724 budget set for support contract. ref SDS 28 8118]
100621 - ..
100622 - [On 970805 COE is preparing contract. ref SDS 29 6399]
100623 -
100624 -
100625 -
100627 - ..
1007 -
1008 -
1009 - Discussion
1010 -
101001 - Claim Team Swamped Needs Support to Review and Understand Documents
101002 -
101003 - I saw John Azaveda in the hallway, and advised that on 970625 Max
101004 - asked me to schedule a meeting with John about Communication Metrics
101005 - support for John's assignment to manage claims on the Oakland Harbor
101006 - project. ref SDS 18 8499
101008 - ..
101009 - John said he needs help and asked if we could meet now.
101011 - ..
101012 - We went into District's main conference room. John has turned this
101013 - into a "War Room" for claims on the Oakland Harbor project. There are
101014 - four or five tables stacked with documents. Boxes of documents are
101015 - piled high all around the room. There is barely room to walk in this
101016 - huge room; and no room on the desks for conducting ordinary business,
101017 - review and analysis. Looks like the Contract Admin Office (CAO) in
101018 - Sausalito trucked all of their documents over to HQ. There were two
101019 - other people in the room with clip boards inventoring the record. We
101020 - were there for only a few minutes to illustrate the scope of John's
101021 - task. One of the two staff people doing document inventory engaged
101022 - John in a heated discussion about transferring to another unit.
101024 - ..
101025 - John said at this rate it will take months to go through everything,
101026 - and will be very difficult for them to understand correlations between
101027 - documents, because the staff being assigned to him does not have
101028 - experience on the project for understanding relevance of documents to
101029 - compensable issues. The contractor is making demands for discovery,
101030 - so things are very hectic trying to catch up and organize all the
101031 - documents.
101032 -
101033 - [On 051130 article in AIA Architect - during the past quarter
101034 - century, documentation has grown significantly; projects that
101035 - required only a few file boxes in the 1980s result in many times
101036 - that amount today. ref SDS 31 Z16L
101038 - ..
101039 - John explained there are a lot of details to identify and track
101040 - against contract requirements, reflecting Max's concern on 970625 that
101041 - the claim team is "swamped." ref SDS 18 2704 John has requested more
101042 - help from HQUSACE in Washington DC and expects to get 2 or 3 more
101043 - lawyers to arrive next week because the government's exposure is now
101044 - over $60M, as Max reported on 970625. ref SDS 18 7377
101046 - ..
101047 - We went to John's regular office as Chief of Operations for the
101048 - District.
101050 - ..
101051 - John asked if the SDS record on Oakland is available to the Corps of
101052 - Engineers?
101054 - ..
101055 - He said District Counsel Merry Goodenough told him that the SDS record
101056 - is well organized for identifying relevant documents and explaining
101057 - how the work is related to contract requirements that are the basis
101058 - for the contractor's claims.
101060 - ..
101061 - Merry reviewed SDS record for the Oakland Harbor project on
101062 - 970218, ref SDS 2 JM5N, and noted at that time that SDS is
101063 - effective for organizing the record. ref SDS 2 HK5J and
101064 - ref SDS 2 OI8F
101066 - ..
101067 - On 970417 Merry tried the method John is using in the claim team
101068 - "war room" and discovered that SDS works better. ref SDS 3 6828
101069 - and ref SDS 3 2532
101070 -
101071 - [On 970723 John requested support by Com Metrics, and this was
101072 - endorsed by Max Blodgett, Chief Con Ops, and by District
101073 - Counsel Merry Goodenough. ref SDS 27 0001
101075 - ..
101076 - [On 020504 FAR requires government to manage organiztional
101077 - memory to support daily management and aid dispute resolution.
101078 - ref SDS 30 IY4I
101080 - ..
101081 - [On 020504 study shows professional standards for communication
101082 - practices and requirements on good management specified in FAR,
101083 - ISO, Health Care, Covey, Drucker, law, contract notice
101084 - provisions, and 2,000 years of literacy for contemporaneous
101085 - documentation for alignment and feedback to work intelligently,
101086 - quickly, and accurately are ignored in government, business,
101087 - health care, every sector. ref SDS 30 NS6F
101089 - ..
101090 - I explained understandings from Tom Keesling that he put the SDS
101091 - record on Paul's computer, but I do not know "Paul."
101093 - ..
101094 - John said Paul works for him.
101096 - ..
101097 - I exlained that the current SDS record has more information than was
101098 - available at the time it was provided to Paul, and I related the point
101099 - that use of the record requires a Communication Manager, per the
101100 - letter to Merry Goodenough, ref DIP 1 0000, and notes of meeting with
101101 - LTC Thompson on 970624, ref SDS 17 8307, which was submitted with the
101102 - Welch letter dated 970702. ref DIP 5 0000
101103 -
101104 - [Welch letter to John, ref DIT 1 0000, issued below, included
101105 - letter to Merry dated 970417, ref DIP 1 0000, to support this
101106 - point.]
101107 - ..
101108 - John asked about how the record is applied to manage the work
101109 - and support claims? He said his first concern is to the get project
101110 - completed as cost effectively as possible. I explained that is the
101111 - purpose of my business process called "Communication Metrics."
101112 -
101113 - [On 970703 submitted letter to Tom and Max on how to complete work
101114 - quickly and economically. ref SDS 24 7089]
101116 - ..
101117 - [On 970703 analyse challenge of excessive claims. ref SDS 24 7499]
101119 - ..
101120 - John said he has instructed existing Oakland Project staff to continue
101121 - their assignments with Leonard and Marc preparing contract
101122 - correspondence and other analysis.
101124 - ..
101125 - Marc came into John's Claim Team meeting and briefly related my prior
101126 - support role crafting correspondence for the Contracting Officer and
101127 - CON OPS, to expedite the work. He explained success on the Navy Sewer
101128 - Line, cited in the Communication Metrics report, ref DRP 1 8455, and
101129 - in Marc's memo. ref DRP 1 0681
101130 - ..
101131 - John asked for a copy of the Communication Metrics report.
101133 - ..
101134 - John explained his objective to formulate government positions on
101135 - claims that are sensible and fair for the contractor and taxpayers,
101136 - and that are clearly supported by the project record and the contract.
101137 - We discussed briefly Max Blodgett's view that the government should be
101138 - focused on the truth, in the meeting on 960920, ref SDS 1 line 139.
101140 - ..
101141 - We discussed the soft-to-hard polygon issue and the shoaling issue.
101142 - There seems to be some extra cost from having to haul material to the
101143 - Ocean instead of to Sonoma.
101145 - ..
101146 - John also indicated that COE is willing to pay for shoaling at the
101147 - normal O&M price.
101148 - ..
101149 - John advised he briefed the Commanding General of South Pacific
101150 - Division on Monday about the Oakland Project claims status, and not
101151 - the District Engineer.
101152 - ..
101153 - He expects to brief the District Engineer separately tomorrow.
101154 - As we were completing our discussion, Max came into the Claim
101155 - Conference Room and advised John that DE wants him to explain Oakland
101156 - Claims status at staff meeting underway in the adjacent half of the
101157 - Conference room (the entire room has a temporary wall that is closed
101158 - to make it two rooms at this time).
101159 -
101160 -
101162 - ..
1012 -
1013 -
1014 - 1248 prepared report
1015 -
101501 - Prepared ref DIT 1 to John transmitting the Communication Metrics
101502 - report. ref DRP 1 6172
101503 - ..
101504 - Included a SDS report on RFP 20, to demonstrate how this works.
101506 - ..
101507 - Included letter to Tom transmitting the report for Merry Goodenough
101508 - that was lost last week, ref DIP 2, and also the transmittal for the
101509 - original report, ref DIP 1, issued on 970417. ref SDS 3 I did not
101510 - list the 970417 letter in the references, but stapled it to the 970625
101511 - letter, which cites it at ref c. ref DIP 2
101512 -
101514 - ..
1016 -
1017 -
1018 - 1424 Delivered Report
1019 -
101901 - When I arrived, John was in Tom Keesling's former office next door to
101902 - Max's office. He was meeting with two men. I interrupted briefly to
101903 - ask if the Communication Metrics report should be put in the Claim
101904 - Room. He asked me to put it in his regular office in the Operations
101905 - Branch.
101906 -
101907 - [On 970703 sent follow up letter to Tom Keesling and to Max....
101908 - ref SDS 24 7600, and again on 970708, no evidence John has
101909 - reviewed report. ref SDS 25 7403]
101910 - ..
101911 - I took the report to John's office and left it on his chair.
101913 - ..
101914 - I put a copy of the transmittal on Max's desk, and put another copy
101915 - on Tom Keesling's keyboard. Both were out of their office.
101917 - ..
101918 - I saw Max briefly. He was in the Claim Room with Monti Jaggers and
101919 - Merry Goodenough. I said hello.
101921 - ..
101922 - I saw Merry again after returning to put the Communication Metrics
101923 - report in John's office. She was outside Max's office waiting to talk
101924 - to John who was still in his meeting. I said hello, but she seemed
101925 - non-responsive. Not sure if she was pre-occupied. It seemed as
101926 - though she was not pleased to see me. I wanted to ask if the report
101927 - submitted to her was helpful, but the situation did not seem conducive
101928 - to starting a conversation.
101929 - ..
101930 - I may be getting punchy. It seems there is actual resentment
101931 - that I am able to help them.
101932 -
101933 - [On 970723 Merry advised Max she approves hiring Welch for claims
101934 - management support. ref SDS 27 3218]
101935 -
101936 -
1020 -
Distribution. . . . See "CONTACTS"