CONTACTS 
0201 - Port of Oakland
020101 - Mr. Rob Andrews
0202 - Corps of Engineers, SFD            415 977 8400 fax 8483
020201 - Mr. Thomas Benero; Chief =415 977 8511; Contracting Division
020202 - Ms. Monti Jaggers; Contracting Officer =415 977 8511
020203 - Contracting Division
0203 - Corps of Engineers, SFD            415 977 8400 fax 8483
020301 - Mr. Thompson F. Keesling, Architect; Assistant Chief =415 977 8473
020302 - Construction Operations Division =415 977 8480
0204 - Corps of Engineers, SFD            415 977 8400 fax 8483
020401 - Mr. Marc McGovern; Construction Manager =415 977 ____
020402 - Construction Operations Division =415 977 8480
020403 - Mr. Jake Harari, COE, Overall Project Manager
020404 - Mr. Chris Shields, COE Estimator
0205 - Gahagan & Bryant Associates, Inc.  415 883 7683 fax 1589
020501 - Mr. Rick Olejniczak; Vice President

SUBJECTS
Corps of Engineers, SFD
Claim Team Review, Prepare Meeting with Contractor
Changes 52.243-4; CHANGED CONDITIONS, 52.243-5
Reduction or Suspension of Payment upon
Differing Site Condition, 52.236-2
Overdepth and Excessive Dredging
Measurement and Payment, Dredging
Quantity Surveys for Payment, 52.236-16 1
Character of Work
0020   Combine RFPs 9-11 and 960312 letter

1312 -    ..
1313 - Summary/Objective
1314 -
131401 - Followed up work at ref SDS 3 line 65, ref SDS 2 line 158.
131402 -
131403 - Team reviewed COE analysis of Contractor's request for additional
131404 - payment.  Contractor may be due time extension based on actual
131405 - quantities exceeding original bid quantities.  COE is meeting with
131406 - Contractor tomorrow about payment matters.
131407 -
131408 - Port of Oakland needs data for EPA report.  Information on production
131409 - rates and quantities will be assembled by COE field staff.
131410 -
131411 -       [Submitted to Tom at ref SDS 8 line 54.]
131412 -
131413 -
131414 -  ..
1315 -
1316 -
1317 - Discussion
1318 -
131801 - Dutra's RFP/Claim May Conflict with Contract Payment Provisions
131802 -
131803 - Tom Keesling explained COE's review of Dutra's claim submittal.  Tom
131804 - presented drawings that show the locations of "hard" material reported
131805 - by Dutra offer no apparent justification for increasing original bid
131806 - prices merely on the grounds of having encountered more "hard"
131807 - material than is reflected by the bid plans.  There is no evidence the
131808 - actual material encountered is materially different from what should
131809 - reasonably have been expected.
131810 - ..
131811 - Dutra seeks increases in payment exceeding 400% on some bid
131812 - items, and totaling approximately $7M.  Since the contract does not
131813 - distinguish payment based on "hard" or "soft" material, there is no
131814 - apparent justification for Dutra's pricing. COE has requested that
131815 - Dutra support its claimed increased costs; however, to date Dutra has
131816 - not done so.  Tomorrow COE is meeting with the contractor to present
131817 - current analysis and hear explanations Dutra may offer to justify its
131818 - position, or otherwise supplement COE's analysis.
131819 -
131820 -         [See follow up meeting with Contractor where support was not
131821 -         furnished, ref SDS 5 line 86.]
131822 -
131823 -
131824 -       ..
131825 -      COE DUE Approximate $400K Credit
131826 -
131827 -      COE will advise the contractor tomorrow that information
131828 -      submitted so far indicates a reduction in contract price of
131829 -      approximately $400K, rather than the $7M add sought by the
131830 -      contractor.
131831 -
131832 -      Since "Hard" material has a shorter haul route than does "soft"
131833 -      material, the increase in the former warrants a credit to the
131834 -      Port for a reduction in the cost of disposal.
131835 -
131836 -            [On 960920 meeting with Contractor, ref SDS 5 0558; on
131837 -            960920 logging contractor notices of claim ref SDS 7 7338,
131838 -            and COE RFP, ref SDS 7 4004.]
131839 -      ..
131840 -      Section 11.1 requires an "overdepth" of 1 foot and permits
131841 -      an additional overdepth of 1 foot for which the contractor is
131842 -      paid at the unit bid prices, ref OF 4 line 1130.  Since the work
131843 -      area is constant, an increase in the amount of "hard" material
131844 -      results in greater payment to the contractor under section 11.1
131845 -      that calls for increased depth.  Since dredging on average is
131846 -      deeper under the actual condition of increased "hard" material,
131847 -      the amount of material that can be dredged for each move and
131848 -      setup of the dredging operation is greater.  This increased
131849 -      quantity of dredging per unit area reduces the unit cost per
131850 -      cubic yard for labor and equipment downtime from moving the
131851 -      dredging operation throughout the work area, and thus reduces the
131852 -      net cost per cubic yard for dredging.
131853 -
131854 -            [See follow up meeting with Dutra in not contesting COE
131855 -            analysis, ref SDS 5 line 78.]
131856 -
131857 -            [See COE RFP dated 960312, ref SDS 7 line 186.]
131858 -
131859 -  ..
131860 -
131861 - Monti Jaggers indicated careful consideration is needed to treat this
131862 - situation as on the "ragged edge of being a good faith claim.
131863 -
131864 -         [On 960920 Contractor failed to submit support for assertions
131865 -         of facts alleged as the basis for entitlement of substantial
131866 -         increase in payment. ref SDS 5 SP5G
131867 -
131868 -         [On 020504 FAR 33.201 defines misrepresentation of fact
131869 -         ref SDS 13 PPYT and calls for notification to authorities in
131870 -         the case of a suspected fraudulent claim. ref SDS 13 4M9O
131871 -
131872 - Jake Harari asked for comments on whether COE's position has any
131873 - apparent fallacies?
131874 -
131875 -
131876 -       ..
131877 -      Contractor Has Been Notified to Submit Cost Justification
131878 -
131879 -      There was consideration of the RFP issued by COE at the
131880 -      contractor's request.  COE has requested that the contractor
131881 -      submit justification of costs in its proposal.  The contractor
131882 -      has not yet responded.  The meeting tomorrow affords the
131883 -      contractor an opportunity to justify its proposal based on COE
131884 -      review.
131885 -
131886 -         [See follow up meeting with Contractor where support was not
131887 -         furnished, ref SDS 5 line 76.]
131888 -
131889 -
131890 -  ..
131891 - Report Needed to Verify Actual Quantities of Dredging
131892 -
131893 - Tom White will assemble information that supports determination of
131894 - changes in the amount of actual dredging relative to bid quantities.
131895 -
131896 -     [See follow up where some information was developed at ref SDS 10
131897 -     line 178.]
131898 -
131899 -     [See Action Item reveiw where further research is underway, ref
131900 -     SDS 11 line 247.]
131901 -
131902 -
131903 - Rick Olejniczak indicated that some of these determinations are based
131904 - on the dredge operator's feeling that the excavation is extending
131905 - deeper than expected.
131906 - ..
131907 - Tom Keesling asked Tom White and Rick Olejniczak to assemble
131908 - information on the contractor's actual production rates at 4 specific
131909 - sites (polygons).
131910 -
131911 -
131912 -
131913 -  ..
131914 - Communication with Contractor on Extra Payment by Keesling/Benero
131915 -
131916 - There was consideration of the complexity of the contractor's claim
131917 - and consequent need to communicate with the contractor on this matter
131918 - in a clear and careful manner through Tom Keesling and Tom Benero, as
131919 - previously discussed, ref SDS 1 line 102.  Regular communication that
131920 - occurs between COE, the Port of Oakland and the contractor should
131921 - refer consideration of Dutra's claim/RFP to Keesling and Benero in
131922 - order to avoid confusing the record.  This will expedite resolution to
131923 - the benefit of the contractor and the government.
131924 -
131925 -     [See follow up at ref SDS 11 line 177.]
131926 -
131927 -
1320 -

SUBJECTS
Completion, 840 CD
Time Extension 1 CD/8K CY

1405 -
140501 -  ..
140502 - Contract Time Extension Based on Increased Dredging
140503 -
140504 - Tom White asked if COE's analysis supports award of additional time
140505 - for the contractor to complete the work?
140506 -
140507 - There was discussion that if an additional 700K+ CY of material is
140508 - dredged above the bid quantities, then approximately 96 days of time
140509 - extension may be due the contractor under a formula allowing one (1)
140510 - additional day for every 8K CY of additional material dredged per
140511 - contract section 00800.1 on page 00800-1, ref OF 2 5944.
140512 -
140513 -     [On 960921 reviewed contract. ref SDS 6 8002]
140514 -
140515 -
1406 -

SUBJECTS
EPA Reports
Disposal at Galbraith
Environmental Protection

1706 -
170601 -  ..
170602 - Port Needs Data on Galbraith for EPA
170603 -
170604 - Rob Andrews requested a report on the changes in quantities of
170605 - material hauled to Galbraith that show the difference in the amount of
170606 - hard and soft material.  This will support a report to EPA.  There
170607 - seemed to be discussion that this information can be culled from
170608 - soundings and maps.
170609 -
170610 - Tom Keesling asked Rob to furnish a copy of the document showing the
170611 - language from the EIS or other sources that calls for this report to
170612 - the EPA.
170613 -
170614 -      [See follow up at ref SDS 9 line 311.]
170615 -
170616 -
170617 -
1707 -

SUBJECTS
Mobilization, Payment, 252.236-7004
Commencement, Prosecution, Completion of

2205 -
220501 -  ..
220502 - COE Evaluating Contractor Request Early Release Demobe Payment
220503 -
220504 - Tom Benero explained concerns about contractor ability to complete the
220505 - contract.  Contractor is seeking immediate payment of $1M under the
220506 - Mobilization pay item 1, per section 00800 para 9 specifying terms for
220507 - payment of demobilization expense, ref OF 2 line 506, and section
220508 - 01005 3.3 defining "Demobilization," ref OF 3 line 323.
220509 -
220510 - COE is concerned this amount may not have been earned.
220511 -
220512 -
220513 -  ..
220514 - Dredging Production Rate Below Planned Average
220515 -
220516 - Contractor's dredge is not performing as promised/expected. Contractor
220517 - is working 20 hours per day and production reports indicate average
220518 - rates are less than 7K per day, rather than 10K CY per day which the
220519 - contractor reported to COE would be accomplished, per production rate
220520 - tabulation compiled by Tom White.
220521 -
220522 -
220523 - It is unclear from the record whether this reduced production reflects
220524 - reports of encountering increased amounts of "hard" material, or
220525 - whether production is uniformly below contractor estimates for both
220526 - "soft" and "hard" material.
220527 -
220528 -      [See follow up discussion at ref SDS 4 line 71.]
220529 - ..
220530 - Rob Andrews indicated the Port of Oakland supports COE approach
220531 - with respect to this matter.  Rob cited earlier consideration given to
220532 - Dutra that was not afforded other bidders in changing from steel pipe
220533 - to plastic, which nominally comprises a significant savings to the
220534 - contractor.
220535 -
220536 -
220537 -
220538 -
220539 -