CONTACTS 

SUBJECTS
Communication Metrics
Management Plan
Contracts/Agreements
Schedule
Project Management
Planning Schedule, WBS, Recource Allocation
Planning Schedule, WBS, Resource
Project Manager, Claudia Cautis

1210 -    ..
1211 - Summary/Objective
1212 -
121201 - Follow up ref SDS 8 0000, ref SDS 6 0000.
121202 -
121203 - Need to do...
121204 -
121205 -          Contacts
121206 -          Subject Index
121207 -          Enter Contracts and other documents
121208 -
121209 - Set up a specific contact record for the JV based on agreement between
121210 - the parties.
121211 -
121212 -  ..
121213 - Responsibilities of Parties, Article 2
121214 - Professional Negligence, Willful Misconduct
121215 -
121216 - On page 1, section 2.5 says
121217 -
121218 -     Except as to professional negligence and willful misconduct, the
121219 -     parties intend that the responsibilities and obligations,
121220 -     financial and otherwise, assumed under Project Agreement shall be
121221 -     borne by each as described in the Project Agreement and Appendix
121222 -     C.
121223 -
121224 - This section establishes that professional negligence and willful
121225 - misconduct are implied requirements, which if breached, are grounds
121226 - for recovery by Kwan Henmi.
121227 -
121228 -     [On 981113 review of meeting on 981112 indicates professional and
121229 -     willful misconduct. ref SDS 12 2673]
121230 -
121231 -  ..
121232 - Management of Association, Claudia Project Manager, Article 4.2
121233 -
121234 - Clonia Cautis shall be the Project Manager.  The Project Manager shall
121235 - be responsible for the day-to-day direction and management of the
121236 - work, shall coordinate the work and be responsible for all contracts
121237 - with the Owner and the Owner's authorized representatives, and all
121238 - contacts with consultants.
121239 -
121240 -     Schedules, WBS and resource requirements, are integral to
121241 -     providing professional "...direction and management of the work."
121242 -
121243 -     This section can be read to say that the project manager is
121244 -     responsible for "...all contacts with consultants."
121245 -
121246 -     Does this provision intend that JV partner coordination with
121247 -     consultants be conducted through the Project Manager?
121248 -
121249 -     What does it mean to "be responsible" for contacts with
121250 -     consultants?  Is the project manager required to maintain the
121251 -     record of contacts with consultants?
121252 -
121253 -
121254 -
121255 - Work Plan
121256 - Project Management Scope, Appendix E para I
121257 -
121258 - It appears that Appendix E para I defines the scope of Project
121259 - Management duties to be performed by the Project Manager.
121260 -
121261 - Gensler is to prepare, update and monitor a project schedule.
121262 -
121263 - Schedule to include all meetings and approval and milestone dates.
121264 -
121265 -     What does "all meetings" mean?
121266 - ..
121267 - Gensler is to develop a Project Management Manual and Work Plan
121268 -
121269 -     Where is the manual?
121270 -
121271 -     Where is the Work Plan?
121272 -
121273 - Gensler is responsible to meet with the City.
121274 - ..
121275 - Gensler is responsible to prepare and distribute meeting notes.
121276 -
121277 -     Where are the notes of meetings with the City?
121278 -
121279 - The Agreement with the City says in para...
121280 -
121281 -     3.2.4 Construction Document Phase...
121282 -
121283 -         para (2) use ...procedures set forth in "Consulting
121284 -         Architect's Guide for Building Projects."
121285 -
121286 -     This evidently is a City document.
121287 -
121288 -     Does it require records of meetings?
121289 -
121290 -         para (7) says to submit a drawing set at 50% and 95% to the
121291 -         City.
121292 - ..
121293 - Appendix E on page 11 says MW and KH have responsibility for
121294 - coordinating consultants during the construction document phase, and
121295 - Gensler has responsibility to review.
121296 -
121297 -
121298 -
121299 - Kwan Henmi Entitled to Project Management and Design Coordinator
121300 -
121301 - Have not had time to scan the agreements, but cursory analysis
121302 - indicates cause of project schedule problems.
121303 -
121304 -     Gensler is responsible for Project Management, and that task is
121305 -     not being performed.
121306 - ..
121307 - The last page in the agreement says Clonia is the Project
121308 - Manager, and Kevin Hart is the Project Design Director.
121309 -
121310 - Project Management duties are budgeting, scheduling and team project
121311 - direction and coordination, including production and distribution of
121312 - meeting notes.
121313 -
121314 -       ..
121315 -      Question
121316 -
121317 -      Where is Gensler's schedule, WBS, staffing requirements, that
121318 -      shows the work needed to reach milestones?
121319 -
121320 -         This was considered on 980928, ref SDS 5 2448, and at the JV
121321 -         Coordination meeting on 980929. ref SDS 7 6804
121322 -
121323 -         [On 981001 discussed with Denis. ref SDS 10 3135]
121324 -
121325 -      There is no big CPM on the wall showing precedence, chronology
121326 -      and critical tasks.
121327 -
121328 -      Where is Gensler's notice to KH of when to begin 50% CD, what
121329 -      level of effort is needed, and what sequence of activities should
121330 -      be followed to coordinate with others?
121331 -
121332 -          [On 981016 Gensler's memo to JV team on 980826 sets milestone
121333 -          dates, but does not show any task sequence, work package or
121334 -          resource requirements. ref SDS 11 2717]
121335 -
121336 -
121337 - The Agreement between the City of San Francisco and the JV says on
121338 - page 9 under section 3.1 e that Kevin Hart is the Design Principal,
121339 - whose role shall be as defined in Attachment 5.  I do not find
121340 - Attachment 5 in the document received from Kwan Henmi, however,
121341 - Aggendix G to the JV Agreement says...
121342 -
121343 -     Mr. Hart will be responsible for coordinating the team design
121344 -     efforts.
121345 -
121346 -
121347 -       ..
121348 -      Question
121349 -
121350 -      Where is Kevin?
121351 -
121352 -      Clonia is trying to perform design coordination, but this takes
121353 -      valuable time away from her true duties to perform project
121354 -      management.
121355 -
121356 -
121357 - This explains why KH is having trouble.  The project manager is trying
121358 - to be the design director, with the result that there is no project
121359 - management getting done.
121360 -
121361 - The Project Manager is spread too thin, and Kwan Henmi and MW are
121362 - paying the price.
121363 -
121364 - Gensler is asking KH to perform project management and provide design
121365 - services, with the result that KH Project Architect, Ivan, is
121366 - overwhelmed.
121367 -
121368 - KH is assuming some project management scope, but reluctantly due to
121369 - budget constraints.
121370 -
121371 -     [On 981001 discussed with Denis. ref SDS 10 3135]
121372 -
121373 -
121374 -
121375 -
1214 -

SUBJECTS
Dispute Resolution

1304 -
130401 -  ..
130401 - Dispute Resolution, Article 15
130402 -
130403 - The agreement says on page 10 that disputes are to be submitted
130404 - initially to mediation before a mediator mutually acceptable to the
130405 - parties.
130406 -
130407 - Disputes not resolved by mediation shall be submitted to arbitration
130408 - using Construction Industry Arbitration Rules of American Arbitration
130409 - Association.  Disputes in excess of $100K shall be heard by a 3
130410 - member panel.
130411 -
130412 -
130413 - Attorney Fees, Article 16
130414 -
130415 - Prevailing party shall receive attorney fees and reasonable costs,
130416 - including the time of parties' personnel at normal billing rates.
130417 -
130418 - "Prevailing party" means that if an action is filed, and then is
130419 - dismissed by the moving party in exhange for payment by the
130420 - respondent, then attorney fees and costs may be recovered as well.
130421 -
130422 -
130423 -
130424 -
130425 -
1305 -