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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"