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 23, 1997 07:30 AM Wednesday; Rod Welch

Meeting Max and Tom re contract with Corps of Engineers.

1...Summary/Objective
2...Oakland Claims Management Needs Immediate Action - $60M Exposure
3...Responding to Contractor Correspondence - 50 +- Pending Letters
4...Proactive Management Needed to Protect Government Interests
......Command and Control of Record Essential for Claims Management
......Tom said SDS inherently provides a document log, as set out in
......Meeting Notes Give Corps Command and Control of the Project
5...Todd/Scnhitzer $17M Claim Not Supported in SDS Record
6...Action Item Follow Up Support Needed for Claims Team
7...District Counsel Finds Communication Metrics Useful
8...Contract Administration at Construction Services Branch
9...Meeting Tomorrow Defining Terms of Welch Contract

ACTION ITEMS.................. Click here to comment!

1...John indicated he wants to capture these matters in order to
2...Max insisted that the record be clear, concise and complete in order

CONTACTS 
0201 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0201
020101 - Mr. Max R. Blodgett, II, P.E., L.S.
020102 - Construction Operations Division
0202 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0202
020201 - Mr. Thompson F. Keesling, Architect; Assistant Chief
020202 - Construction Operations Division
0203 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0205
020301 - Mr. John Azeveda; Chief, Operations Branch
020302 - Construction Operations Division
0204 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0104
020401 - Ms. Merry Goodenough, ESQ; Office of Counsel

SUBJECTS
Corps of Engineers, 970115
Planning, Consultant Support
Command & Control Record
Oakland Claims Management, 970723
Goodenough Evaluation, District Counsel

1307 -
1307 -    ..
1308 - Summary/Objective
1309 -
130901 - Follow up ref SDS 43 8488, ref SDS 40 8839.
130902 -
130903 - Max explained his objective to use Communication Metrics for assisting
130904 - John with claim management on Oakland due to the excessive amount
130905 - being sought by the contractor, reported on 970625. ref SDS 33 7377
130907 -  ..
130908 - John identified a number of specific needs he has encountered trying
130909 - to review the project documentation, which require immediate action by
130910 - Com Metrics, following the meeting on 970702 where he showed the scope
130911 - of his task, ref SDS 37 CV6O, and Com Metrics capabilities were
130912 - reviewed for supporting claims. ref SDS 37 7T7I
130914 -  ..
130915 - Max and Tom explained experience cited in the District's report on
130916 - Communication Metrics showing this method has unique advantages that
130917 - support timely and professional claim support.
130918 - ..
130919 - District Counsel Merry Goodenough indicated it would be helpful
130920 - to use this method based on review of Com Metrics and the SDS program
130921 - on 970217. ref SDS 21 HK5J and ref SDS 21 OI8F  Merry said a report
130922 - furnished without charge on 970417, ref SDS 25 8033, to assist the
130923 - Corps with a particular matter under exigent circumstances has saved
130924 - the government substantial payout.
130925 -
130926 -     [On 981027 SDS report saved government $200K. ref SDS 55 7315
130928 -  ..
130929 - John and Tom will meet with Welch tomorrow at 0900 about contracting
130930 - to provide the needed support.
130931 -
130932 -     [These notes were submitted to John at the follow meeting the next
130933 -     day, ref SDS 46 0700
130934 -
130935 -     [On 981027 District paid $30M on $60M claim, about $20m too much,
130936 -     but substantially below contractor's claims. ref SDS 55 9152
130937 -
130938 -
130939 -
130941 -  ..
1310 -
1311 -
1312 - Progress
1313 -
131301 - Initially, Tom asked Wanda to make copies of notes for yesterday.  I
131302 - gave a set to John and briefed him about discussions yesterday and the
131303 - agenda for the meeting this morning.  I asked him to join us, since it
131304 - will relate to his assignment.
131305 -
131306 -
131307 -
131309 -  ..
1314 -
1315 -
1316 - Discussion
131701 -  ..
131702 - Oakland Claims Management Needs Immediate Action - $60M Exposure
131703 -
131704 - Max reviewed background of Welch support on Oakland.  He explained his
131705 - goal for Communication Metrics to assist John and his team in
131706 - addressing the Contractor's claims on Oakland, per our telecon
131707 - discussion yesterday, ref DIP 16 line 302 and ref DIP 16 line 318,
131708 - which confirms the record at ref SDS 45 line 236, and the Welch letter
131709 - dated 970703 to Tom and Max, ref DIP 14 line 43, issued at ref SDS 38
131710 - line 152.
131712 -  ..
131713 - Max noted the need to accomodate Corps of Engineers culture and
131714 - methods in obtaining clarifications of critical understandings during
131715 - meetings, as set out in the Communication Metrics report discussing
131716 - "Scribe," ref DRP 1 line 377.  Max cited the District Engineer's
131717 - objective for the Communication Manager to support Corps of Engineers
131718 - managers who lead meetings.  This support role for the Communication
131719 - Manager is defined in Task Order 2, ref OF 1 line 158, which is
131720 - Appendix D of the Communication Metrics report.  The report says:
131721 -     ..
131722 -     A Communication Manager requires experience to "dig out of
131723 -     the system" information and correlations that impact project
131724 -     success, and conduct inquiry in a professional, non-disruptive
131725 -     manner. (see page 11, ref DRP 1 line 574.)
131726 -
131727 -
131729 -  ..
131730 - Responding to Contractor Correspondence - 50 +- Pending Letters
131731 -
131732 - John seemed to indicate that there are about 50 pending letters from
131733 - the Contractor that require a response by the Corps of Engineers, per
131734 - discussion with Marc yesterday, ref SDS 43 line 474.
131735 -
131736 - The process used last year was reviewed, where Communication Metrics
131737 - supported drafting letters for the Contracting Officer, Tom Benero,
131738 - and for Tom Keesling, Max, Marc and Leonard, per discussion with Marc
131739 - yesterday, ref SDS 43 line 410, and Marc's memo endorsing the
131740 - Communication Metrics report (see Appendix A of the report), ref DRP 1
131741 - line 832.
131742 -
131743 -
131745 -  ..
131746 - Proactive Management Needed to Protect Government Interests
131747 -
131748 - John indicated he wants the Corps and his team to take the initiative
131749 - in notifying the Contractor about performing contract requirements,
131750 - including claims by the government when necessary and appropriate,
131751 - rather than simply respond to Contractor claims.
131752 -
131754 -       ..
131755 -      Command and Control of Record Essential for Claims Management
131756 -
131757 -      Tom explained Communication Metrics provides command and control
131758 -      of the project record for both effective claims response, and to
131759 -      get the work done efficiently.  Tom's report says Communication
131760 -      Metrics methodology supports:
131761 -
131762 -          "... proactive inquiry to "dig out of the system" information
131763 -          and correlations that impact success." ref DRP 1 line 574.
131764 -      ..
131765 -      John asked about getting a log of project documentation?
131767 -  ..
131768 -
131769 -      Tom said SDS inherently provides a document log, as set out in
131770 -      the Communication Metrics report (para 5 on page 8, ref DRP 1
131771 -      line 444).  It shows documents received and issued, and has a
131772 -      special report on documents pending response.  Documents are
131773 -      linked to the history of their production and use in management
131774 -      of the work.
131776 -       ..
131777 -      John noted the idea of incorporating into the log the part of the
131778 -      record over the past 6 months that is omitted from SDS, but which
131779 -      is needed to address claims.  New documents can be entered in SDS
131780 -      as they are produced, to maintain command and control of the
131781 -      record, as discussed yesterday with Marc, ref SDS 45 8555.
131783 -       ..
131784 -      Meeting Notes Give Corps Command and Control of the Project
131785 -
131786 -      Max explained the meeting note process that provides an accurate
131787 -      basis for the Corps to render timely decisions and successfully
131788 -      defend specious claims.  This process enables the Corps to gain
131789 -      the initiative and be proactive in helping the Contractor
131790 -      identify actions needed to complete the work in a timely, cost
131791 -      effective manner.
131792 -
131793 -         [On 971202 Ken Buck at HQUSACE asked how Communication Metrics
131794 -         adds value to traditional management. ref SDS 50 1883]
131796 -       ..
131797 -      John cited a reference in the notes of the discussion yesterday
131798 -      which he felt should be presented differently, ref SDS 45 7488.
131799 -      Tom explained the meeting notes process used on Oakland where
131800 -      drafts of meeting notes were prepared for review by USACE and the
131801 -      Port so that the published record was accurate and sufficient.
131802 -      ..
131803 -      Tom cited concerns by the Contractor and others about the
131804 -      record that reveals conflicts between work performed, and
131805 -      commitments given in meetings, correspondence, email, calls, and
131806 -      with contract requirements.
131808 -       ..
131809 -      John indicated he wants to capture these matters in order to
131810 -      ensure timely follow up.
131812 -       ..
131814 -       ..
131815 -      Max explained people sometimes get upset because adding metrics
131816 -      to communications brings accountability.  Max said the record
131817 -      prepared by Welch has been accurate.  It takes considerable
131818 -      resolve to consistently put forward a constructive record in the
131819 -      face of pressure from many sources to suppress issues, as seen by
131820 -      the record on 970624. ref SDS 32 3345  But, the benefit is that
131821 -      people are able to rely on the record in confidence and decisions
131822 -      have a much greater chance of succeeding because they reflect a
131823 -      broader spectrum of acturate understandings.
131824 -
131825 -         [On 971202 USACE policy "stresses" accountability. ref SDS 49
131826 -         7453]
131828 -          ..
131829 -         [On 980307 Andy Grove's book cites denial is a common problem
131830 -         for successful executives, ref SDS 51 3740.
131832 -          ..
131833 -         [On 980403 Max cited managers concerned about accountability
131834 -         hampers using Communication Metrics. ref SDS 52 4129]
131836 -          ..
131837 -         [On 980405 analysed fear of accountability and desire for
131838 -         credit when successes are realized. ref SDS 53 5065]
131839 -
131841 -  ..
131842 - Todd/Scnhitzer $17M Claim Not Supported in SDS Record
131843 -
131844 - Max cited the Todd/Schnitzer Wing claim matter as exemplifying the
131845 - benefits of Communication Metrics, as well as pressures exerted to
131846 - avoid capturing a full understanding of events.
131847 -
131848 - John asked if there is anything in the SDS record on this matter.  He
131849 - said Dutra has a $17M claim on Todd/Schnitzer.
131851 -  ..
131852 - There was discussion of Dutra's notice of encountering a differing
131853 - site condition on 961015.  RFP 19 was issued to pay the contractor for
131854 - extra expense to remove concentrated debris, which Dutra's president,
131855 - Bob Johnston characterized as "gumbo."  Mr. Johnston, stated in a
131856 - meeting with the Corps on 961113 that its crew smelled creosote while
131857 - performing work under RFP 19.  Mr. Johnston claimed during the 961113
131858 - meeting that this oder was evidence of hazardous materials which
131859 - warranted special treatment and added expense, ref SDS 9 line 291. Max
131860 - Blodgett directed the Contractor at the 961113 meeting to explain its
131861 - methods for dredging to plan grade as called for in the contract and
131862 - the RFP.  Mr. Johnston refused to do this.  Over many weeks and
131863 - months, Dutra associated its claim of hazardous materials with results
131864 - of bioassy tests of effluent at the Galbraith disposal site. However,
131865 - Dutra never produced evidence of hazardous materials at Todd/
131866 - Schnitzer.
131867 - ..
131868 - Dutra requested that Communication Metrics cease capturing
131869 - details of meetings and other communications, like those produced for
131870 - the meeting on 961113 that showed promises Dutra made to submit
131871 - information which it later failed to perform.
131873 -  ..
131874 - Max insisted that the record be clear, concise and complete in order
131875 - to ensure equitable treatment for the Contractor and the government by
131876 - enabling the parties to track action items quickly and thoroughly, and
131877 - to determine root causes of problems when they occur.
131878 -
131879 -
131880 -
131881 -
1319 -

SUBJECTS
Commitments on Action Items from Meetings Communcation Too Complex Us

1503 -
150401 -  ..
150402 - Action Item Follow Up Support Needed for Claims Team
150403 -
150404 - Follow up ref SDS 37 0000, ref SDS 38 0000.
150405 -
150406 - John wants to improve follow up on Action Items to obtain closure on
150407 - issues.  He explained that there have been a lot of meetings recently
150408 - with internal USACE staff on obtaining background about disputes with
150409 - the contractor. John said it is difficult to keep track of commitments
150410 - he and others make during meetings, and to recognize critical nuance
150411 - in discussions while also conducting meetings, speaking and listening,
150413 -  ..
150414 - The amount of information to track is a big challenge, as discussed on
150415 - 970702. ref SDS 37 9999
150417 -  ..
150418 - I mentioned that Tom Keesling raised this concern on 960920,
150419 - ref SDS 5 4261, reflecting article reviewed on 960205 about people
150420 - wasting 70% of the day in unproductive meetings. ref SDS 3 5222
150422 -  ..
150423 - John feels meetings on Oakland claims are not productive because the
150424 - complexity of relating what is said in meetings, with contract
150425 - requirements and with the project record of what has been done,
150426 - results in having to repetitively review the same material.  This
150427 - makes people mad because of conflicts between sources and the lack of
150428 - progress due to rework.
150430 -  ..
150431 - John wants to improve this process.
150433 -  ..
150434 - Similarly, on 970410 USACE managers did not have enough time to
150435 - prepare memo to reconcile pay quantity differences on Richmond. see
150436 - ref SDS 24 3157
150437 -
150438 -      [See report at PMI meeting on 970910 where "closure" is a
150439 -      universal challenge in all management settings, ref SDS 48 line
150440 -      478.]
150442 -       ..
150443 -      [On 981027 government paid $30M above contract price to settle
150444 -      claims. ref SDS 55 9152]
150446 -  ..
150447 - Tom Keesling advised that Communication Metrics accomplishes this
150448 - objective, as set out in his report, ref DRP 1 6172, and specified in
150449 - Task Order 2, ref DRP 1 4929.
150451 -  ..
150452 - Max advised in his memo on 970406 that the Welch software has a unique
150453 - way of managing action items to improve follow up. ref DRP 1 1489
150454 -
150455 -
150456 -
150457 -
1505 -

SUBJECTS
Litigation Support Found Effective
District Counsel Approves Communication

1704 -
170501 -  ..
170502 - District Counsel Finds Communication Metrics Useful
170503 -
170504 - During the meeting Merry Goodenough came into Max's office to clarify
170505 - aspects of a report she had provided to Max.
170506 -
170507 - Max explained considerations being given to use Communication Metrics
170508 - for supporting John's claims management assignment on Oakland.  Max
170509 - asked Merry if she thought it would be a good idea for the Corps to
170510 - hire Welch for this purpose.
170512 -  ..
170513 - Merry said yes, reflecting discussion yesterday. ref SDS 45 2838.
170514 -
170515 -      [On 980520 Max advised that Communication Metrics helped USACE
170516 -      reach a settlement that was favorable to the government. see the
170517 -      record at ref SDS 54 2405]
170518 -
170519 -      [On 981027 Communication Metrics saved $200K on environmental
170520 -      issue. ref SDS 55 7315]
170521 -         ..
170522 -      On 981027 government paid $30M (75%) above contract price
170523 -      on Oakland. ref SDS 55 9152]
170524 -
170525 -
170526 -
170527 -
1706 -

SUBJECTS
Construction Services Branch, Sausalito
Organization Changes to CESPN
Contract Administration Manual
Benkavitch, Bill
CCA Guide Implement with SDS

3007 -
300801 -  ..
300802 - Contract Administration at Construction Services Branch
300803 -
300804 - John explained steps he has taken to buttress contract administration
300805 - on Oakland.  There was indication he has assigned two Corps of
300806 - Engineers people to support work in the Construction Services Branch.
300807 - This reflects Max's concern for immediate support in the Branch, ref
300808 - SDS 41 line 358.
300810 -  ..
300811 - Max reviewed his goal to implement the Corps of Engineers' manual on
300812 - Contract Administration (CCA Guide), discussed in our meeting on
300813 - 961204, ref SDS 11 line 235, on 961206, ref SDS 12 line 366, and
300814 - 970311, ref SDS 23 line 280.  Task Order 2 calls for Communication
300815 - Metrics to support this goal, per planning meeting with Leonard and
300816 - Tom on 970325, ref SDS 22 line 364.  We considered today difficulty
300817 - managers have applying sound management standards consistently, as set
300818 - out in Intel's paper, which was submitted to Tom Keesling for
300819 - information and comment, ref DIP 16 line 23. The District found in its
300820 - report that Communication Metrics helps meet this challenge.
300821 - ..
300822 - There was discussion of the plan developed by Tom and Leondard
300823 - SooHoo to provide Communication Metrics support for the Construction
300824 - Services Branch, ref SDS 22 line 280, per Max's request on 961204,
300825 - ref SDS 11 line 218.  This plan recognizes District objectives to
300826 - improve performance and skills, and it is reflected in Task Order 2
300827 - under Requirements para 3b, ref OF 1 line 200.  Bill Benkavitch has
300828 - been proposed as a Communication Manager for CSB as part of the Welch
300829 - Company.  John asked about Bill's background.  Tom recalled meeting
300830 - Bill, ref SDS 20 line 92, and reviewing his resume submitted earlier
300831 - to Max and to Tom on 961219, ref SDS 13 line 100, that shows GS 13 or
300832 - 14 experience in contract management for Navy ship maintenance for the
300833 - Pacific Fleet.
300834 - ..
300835 - Max suggested a meeting with Bill Benkavitch, as part of
300836 - Communication Metrics team for CSB.
300838 -  ..
300839 - Consideration was given to focusing the initial Welch effort on direct
300840 - support for John, and evaluating CSB support after Richmond and other
300841 - projects get further underway.
300843 -  ..
300844 - John wants to meet Bill after we do the budget meeting tomorrow.
300845 -
300846 -     [See follow up from meeting on 970724, ref SDS 46 line 396.]
300847 -
300848 -     [See meeting introducing Bill to Tom and Maxon 970725, ref SDS 47
300849 -     line 107.]
300850 -
300851 -
3009 -

SUBJECTS
Cost Communication Metrics
Litigation Support, Oakland
Oakland Claim Support, 970702

3305 -
330601 -  ..
330602 - Meeting Tomorrow Defining Terms of Welch Contract
330603 -
330604 - John wants to meet tomorrow at 0900 to review specific scope of
330605 - services and costs, per prior understandings with Tom and Leonard, ref
330606 - SDS 19 line 462.  We can use the estimate approved for extending the
330607 - first Welch contract which was developed to provide the support now
330608 - being considered, ref SDS 10 line 62.
330609 -
330610 -      [See follow up where Tom plans to obtain the prior procurement
330611 -      documents from Monti, ref SDS 46 line 172.]
330613 -  ..
330614 - Tom will provide copies of Task Order 2 which was used define a scope
330615 - of services for Communication Metrics.  This will provide a baseline
330616 - for defining a scope for John's assignment.
330617 - ..
330618 - We will schedule the meeting with Bill Benkavitch following our
330619 - meeting tomorrow.
330621 -  ..
330622 - Will need to review scope to schedule and budget for effective claims
330623 - management, per 970703 letter to Tom and Max at ref DIP 14 line 43.
330624 -
330625 -    [See follow up meeting with John on 970724, ref SDS 46 line 333.]
330626 -
330627 -
3307 -
Distribution. . . . See "CONTACTS"