CONTACTS 

SUBJECTS
Voith; State Claims; Contract Review
Contract v. Warranty; Claims by Owner
against Tudor; Submittals
Submittals
Speed Increaser
Post Award Improper Changes
Voith Design Approval Waived by Tudor All Drawings Returned without R

1009 -
1009 -    ..
1010 - Summary/Objective
1011 -
101101 - Follow up ref SDS 8 0000
101102 -
101103 - Started a new document review file, ref OF 2, for Tudor's submittal
101104 - log, initially for the speed increaser, follow up work on 91115.
101105 - ref SDS 9 9381
101107 -  ..
101108 - Confirmed initial understanding on 911114 that Voith did not perform
101109 - submittal requirements and Tudor failed to hold them accountable.
101110 - ref SDS 8 3843
101111 -
101112 -      [On 911118 called Norm Bernard in San Diego and asked about his
101113 -      recollection on engineering management. ref SDS 10 9620]
101115 -       ..
101116 -      [On 911118 Wayne commented. ref SDS 11 9052]
101118 -       ..
101119 -      [On 911202 Wayne and Sarah commented. ref SDS 12 9168]
101121 -       ..
101122 -      [On 920123 Voith's history of failure to comply. ref SDS 13 2829
101124 -       ..
101125 -      [On 020204 same problem occurred on Enron's financial
101126 -      transactions leading to collapse of Enron into bankruptcy.
101127 -      ref SDS 16 776J
101129 -  ..
101130 - Compared record of post-award meetings on submittal schedules with the
101131 - actual history.  Tudor did not show "Due" dates in its submittal log
101132 - for Voith, but it turns out that for the speed increaser, all
101133 - submittals were many months behind the schedule offered by Voith at
101134 - the post-award meetings, some as much as 14 months.
101136 -  ..
101137 - There is no record that Tudor directed Voith to comply with contract
101138 - schedule and submittal requirements, see ref OF 2 4051
101139 -
101141 -  ..
101142 - Voith never submitted speed increaser shop drawings.
101143 -
101144 - All of the substantive submittals Voith did make on the Speed
101145 - Increaser were rejected by Tudor (probably because they were received
101146 - 3 or 4 months after the speed increaser was delivered to the job) and
101147 - it appears they were not resubmitted by Voith with the result that the
101148 - speed increaser was never "approved."
101150 -  ..
101151 - The record on 911004 reports that the DNRC project engineer, Norm
101152 - Bernard, was concerned that Voith made corrections in the field that
101153 - were not reviewed nor approved by Tudor. ref SDS 4 X15O
101154 -
101155 -      [On 911118 Norm Bernard recalled DNRC stopped receiving Voith
101156 -      submittals to save money and storage space. ref SDS 10 0529]
101158 -  ..
101159 - This record of loose adherence to commitments correlates with the
101160 - report on 881006 by the project Engineer, Jeff Ghilardi, that Voith
101161 - unilatrally and without notice delayed production of equipment for
101162 - Broadwater, see ref SDS 2 8953, and draft letter to Voith prepared for
101163 - Tudor, ref DIP 1 X58H
101165 -  ..
101166 - These problems of failure to perform requirements arise from issues
101167 - discussed with Clyde on 880921 about using Welch management methods to
101168 - help Voith, ref SDS 1 8526, as well as Sletten.
101170 -  ..
101171 - The impact of this effort to "expedite" and "work things out" can be
101172 - seen from analysis on 911114. ref SDS 8 3720
101173 -
101174 -      [On 911118 Norm Bernard recalled that Voith's pay item #44 paid
101175 -      the contractor to perform submittals. ref SDS 10 9302]
101176 -
101177 -      [On 920210 DNRC staff overwhelmed fixing mistakes caused by Voith
101178 -      and Tudor failure to do "paperwork." ref SDS 14 8400]
101179 -
101180 -
101181 -
101183 -  ..
1012 -
1013 -
1014 - Speed Increaser Submittal Requirement
1015 -
101501 - Did Voith provide the QC program and what did it say with respect to
101502 - the Special Startup Engineer?
101503 -
101504 -     Looks like there was a QC program approved Feb 19, 1988 for the
101505 -     speed increaser.  Other QC plans were also approved that date.
101507 -      ..
101508 -     Voith's "Commissioning plan" under 11290 was approved Feb 2, 1989.
101509 -
101510 -        We need to examine these documents.
101511 -
101513 -  ..
101514 - Meeting notes of Nov 5, 1987 show Voith was to send transmittal
101515 - letters to DNRC.  We need to check these for scope.  Tomorrow I want
101516 - to check the drawing numbers in Tudor's submittal log against the
101517 - numbers on the drawings in the file.
101519 -     ..
101520 -    I started to look at a huge box of submittals which looks like this
101521 -    type of stuff.
101523 -     ..
101524 -    We need the records indexed to quickly see what was received in a
101525 -    summary format.
101526 -
101527 -
101529 -  ..
101530 - Compare Tudor Submittal Log
101531 - Tudor Jobsite Submittals
101532 -
101533 - I compared Tudor's submittal log of September 1, 1988, because it is
101534 - the most recent (i.e. the last one in the file), and so should be the
101535 - most complete.  Made cursory review of Tudor's green "Contractor
101536 - Transmittal" forms for period after Sep 1, 1988.  We need the latest
101537 - Tudor Submittal Log.
101539 -  ..
101540 - Decided to do this work in a separate file, since it might become an
101541 - exhibit.  Created ref OF 2 line 15.
101542 -
101544 -  ..
101545 - Found a Renk AGMA/Life Cycles Calcs, and also a note for Voith to
101546 - submit AGMA information as required by contract.  Record is
101547 - conflicting.
101549 -     ..
101550 -    This item is not in Tudor's jobsite files, should ask Tudor for it.
101551 -
101552 -
101553 -
101555 -  ..
101556 - "Shop Drawings" withheld by Voith
101557 - -----------------------------
101558 - Renk offered "shop drawings" to Voith in its computer message of Sep
101559 - 8, 1987, but Voith did not include this in its list to Tudor, and
101560 - Tudor did not ask for the shop drawings and the shop drawings appear
101561 - not to be included in Tudor's submittal log.
101563 -  ..
101564 - This mutual silence is consistent with Voith's request and Tudor's
101565 - agreement to "delete" some contract requirements.
101566 -
101567 -
101569 -  ..
101570 - Speed Increaser Test Report Shows Some Non-Compliance
101571 -
101572 - Tudor received on July 12, 1989 after Kurt Sholz' inquiry, factory
101573 - test reports for July 22, 1988, indicating some deficiencies in the
101574 - speed increaser.
101575 -
101577 -  ..
101578 - Tudor Rejected nearly all Voith Speed Increaser Submittals
101579 -
101580 - Tudor received most Voith SI submittals, about 7 or 8 separate items,
101581 - on Feb 15, 1989 and on March 28, 1989 returned them all marked revise
101582 - resubmit with a note to provide "...English translation." ref OF 2
101583 - 2079  and ref OF 2 4051  There is no record that the limited
101584 - submittals Voith made on the speed increaser were ever approved by
101585 - Tudor or that Tudor was ever able to understand what Voith designed
101586 - and constructed.
101588 -  ..
101589 - Under this record, why was "Full Operation Test" accepted and the
101590 - substantial completion certificate issued by Tudor and approved by
101591 - DNRC? ref OF 1 0899
101592 -
101593 -
101594 -
101595 -
1016 -

SUBJECTS
Voith; Close Out Project; Substantial Completion
Record of Plant Problems
Submittals, complete review, 911118

1205 -
120601 -  ..
120602 - Voith Engineering, Work Product Has Not Been Reviewed nor Approved
120603 -
120604 - The above record on the speed increaser, ref SDS 0 4758, raises the
120605 - specter that other submittals were not properly performed by either
120606 - Voith or Tudor.  The record of difficulties on the Voith punch list
120607 - for non-speed increaser items indicates the submittals on the other
120608 - work may have been equally inadequate.
120610 -  ..
120611 - The Engineer needs to investigate and report to DNRC on whether this
120612 - is so, and if so Voith should be required to make the submittals
120613 - required by the contract, or some adjustment in price negotiated or
120614 - other consideration made to compensate DNRC for failure to perform
120615 - this critical aspect of engineering management.
120616 -
120617 -     [On 920210 DNRC staff feel pressured by continued failures of the
120618 -     Broadwater Dam equipment installed by Voith. ref SDS 14 1194
120619 -
120620 -
120621 -
120622 -
1207 -

SUBJECTS
Voith; State Claims
Contract v. Warranty, 9111112
Noise/Vibration

1405 -
140601 -  ..
140602 - Tudor's RE Notifies Voith Plant is Too Noisy
140603 -
140604 - There is another notice to Voith from Tudor on July 28, 1989, in
140605 - which the resident engineer, Kurt Sholz states:
140606 -
140607 -    Dr. Weiss visit desirable and suggested arrangements for shutdown
140608 -    will be made.
140610 -     ..
140611 -    Speed increaser noise must be reduced.
140613 -     ..
140614 -    Please plan meeting with DNRC and Tudor mid-August re contract
140615 -    closeout (all open items to discussed and settled.
140617 -  ..
140618 - This clearly shows the speed increaser noise was an open item and the
140619 - contract cannot be closed out until and unless this is settled.
140620 -
140621 -
140622 -
1407 -

SUBJECTS
Voith; State Claims
Special Startup Test Engineer
Inspection & Approval of the Work
Startup, 30 day performance

1806 -
180701 -  ..
180702 - Tudor Recommended Eliminate Independent Commissioning Startup Engineer
180703 -
180704 - DNRC counsel, Sarah, called this afternoon.
180706 -  ..
180707 - I asked Sarah why DNRC agreed to eliminate the "independent" Startup
180708 - Commissioning Engineer in specified in contract section 11290 1.5 A?
180710 -  ..
180711 - Apparently DNRC management only became aware of this fact a few months
180712 - ago.
180714 -  ..
180715 - Sarah is unsure what communication occurred between Norm Barnard who
180716 - was directly involved at the time this transaction occurred in October
180717 - 1987.
180719 -  ..
180720 - The cryptic language in Change Order #1 that covers many items,
180721 - together with the zeal to proceed expeditiously may have hid the error
180722 - in Voith's proposal, such that no one asked whether removing the term
180723 - "independent" might be worth a lot more than $20K.
180725 -  ..
180726 - Tudor's letter sets out a number of excellent reasons for rejecting
180727 - Voith's proposal, and then ignores such reasons without giving any
180728 - reasons for doing so.
180730 -  ..
180731 - Tudor's letter shows a copy was mailed to DNRC (Norm), but it was not
180732 - received until October 30, 1987, three days after DNRC issued the
180733 - change order on October 27, 1987.
180735 -  ..
180736 - Thus, another finness job by Voith and Tudor on the client, DNRC.
180738 -  ..
180739 - Voith and Tudor appear to have worked together against the client's
180740 - interests by failing to align the work with requirements.
180741 -
180742 -       [On 950721 ISO and PMBOK management standards require
180743 -       traceability to original sources to verify accuracy, ref SDS 15
180744 -       1740, which was ignored by Tudor and Voith on Broadwater Dam,
180745 -       per above. ref SDS 0 4758
180747 -        ..
180748 -       [On 020204 Enron collapsed into bankruptcy, exposing bad
180749 -       management by Enron and its auditor, Anderson, where management
180750 -       at Anderson issued a letter disapproving notice of bad
180751 -       accounting practices, about a year after the event. ref SDS 16
180752 -       356O
180754 -  ..
180755 - Need to call Norm on why "independent" was removed from Test Engineer?
180756 -
180757 -       [On 911118 Norm didn't recall why this was done. ref SDS 10
180758 -       8403
180760 -  ..
180761 - Removing an "independent" commissioning agent to save $20K ultimately
180762 - cost the owner, DNRC, $5M plus for construction repairs and litigation
180763 - over 10 years to correct failed engineering discovered earlier today,
180764 - per above. ref SDS 0 077U
180765 -
180766 -       [On 920210 DNRC staff overwhelmed fixing mistakes caused by
180767 -       Voith and Tudor failure to do "paperwork." ref SDS 14 8400
180769 -        ..
180770 -       [On 100207 1454 Command Commissioning offers services DNRC
180771 -       needed to "independently" align the work building Broadwater Dam
180772 -       with objectives, requirements and commitments ref SDS 17 WX7W
180773 -
180774 -
180775 -
180776 -
180777 -
180778 -
180779 -
180780 -
180781 -
1808 -