CONTACTS 

SUBJECTS
Oakland Harbor Improvements
Weekly Progress Meeting, 961015
SDS Notes for Weekly Progress Meetings
Objections by Contractor
Objectives for Notes of Discussions

0707 -    ..
0708 - Summary/Objective
0709 -
070901 - Follow up ref SDS 13 0000, ref SDS 12 0000.
070902 -
070903 - Develop explanation of meeting notes to respond to Contractor's
070904 - concerns at meeting on 961015.
070905 -
070906 -    [Submitted to Tom Benero at ref SDS 14 line 77.]
070907 -
070908 -
070909 -  ..
0710 -
0711 -
0712 - Progress
0713 -
071301 - This follows up discussion with Tom Benero on 961018. ref SDS 13 EE5N
071302 -
071303 - We need to address the Contractor's perception that it has "rejected"
071304 - the notes, as incomplete and inaccurate, and set agenda for discussion
071305 - on partnering meeting on this issue.
071306 -
071307 - This can be done with the following letter:
071308 -
071309 -     Dear Mr. Johnston:
071310 -
071311 -     This responds to your memo dated Oct 15, 1996 to Tom White,
071312 -     Project Engineer stating in pertinant part:
071313 -
071314 -         I am very disturbed over the "minutes" of our last meeting,
071315 -         Wednesday, October 9, 1996.
071316 -
071317 -         There are many comments purported to be discussions that 1)
071318 -         did not happen in our public meeting and 2) are not reported
071319 -         as they were stated in the meeting.
071320 -
071321 -         Therefore, we reject these "minutes" as inaccurate and
071322 -         misleading.
071323 -
071324 -         We request accurate mintues be issued to the parties in
071325 -         attandance.
071326 -
071327 -     You raised this concern again during the Progress Meeting on Oct
071328 -     15, 1996.  COE notes of that meeting issued to Dutra today, sets
071329 -     out your concern and the COE policy and objectives in
071330 -     communicating with the Contractor.
071331 -
071332 -     I am by this letter affirming such policy and objectives as the
071333 -     COE response to your Oct 15 memo.  I am in addition advising that
071334 -     COE communications do not seek acceptance nor rejection by the
071335 -     Contractor, as implied by your Oct 15 memo.
071336 -
071337 -     COE communications, including notes of meetings, are intended to
071338 -     inform the Contractor of understandings COE has drawn from events
071339 -     about what needs to be done, action COE is taking and action it
071340 -     expects the Contractor is taking.  This provides the Contractor an
071341 -     early opportunity to object as you did during the meeting, noting
071342 -     an omission of a comment by Marc McGovern, as reported in the
071343 -     notes of the meeting for Oct 15, 1996 at line 100516.  Since that
071344 -     is the only correction you have offered, COE holds that it is the
071345 -     full and complete scope of deficiencies you complain about in your
071346 -     Oct 15, memo to Tom White.  Dutra is urged to continue to make
071347 -     timely notice of information you feel is incorrect, as will COE to
071348 -     Dutra, so that each side may proceed in confidence with respect to
071349 -     understandings on pending action items. Complaining after actions
071350 -     are taken causes harm which COE holds is avoidable and thus the
071351 -     responsibility of Dutra.
071352 -
071353 -     As explained at the meeting on Oct 9, 1996 COE is using
071354 -     Communication Metrics to correlate performance with contract
071355 -     requirements.  This will help both sides work through pending
071356 -     claims and other matters in order to avoid claims by expediting
071357 -     the work.  We are prepared to discuss this methodology with Dutra
071358 -     to accomodate reasonable concerns, and have offered to do so at
071359 -     the next partnering meeting, or sooner, if Dutra wishes.
071360 -
071361 -
071362 -    [Submitted to Tom Benero at ref SDS 14 line 77.]
071363 -
071364 -    [See preparation of letter at ref SDS 15 line 178.]
071365 -
071366 -
071367 -
071368 -