CONTACTS 

SUBJECTS
Schedule for Construction, 52.236-15
Cure Notice, 0019   Remove concentrated debris Todd and
Schedule Review, Dutra, Port of Oakland,
Production Rates

0806 -
0806 -    ..
0807 - Summary/Objective
0808 -
080801 - Follow up ref SDS 8 0000.
080803 -  ..
080804 - Bill Dutra and Bob Johnston presented Dutra's response to COE's Cure
080805 - Notice, presenting a CPM and other information, including a Work Plan
080806 - that shows in step #3 that Dutra plans to dredge the Outer Harbor from
080807 - West to East and complete it by 970301.  Dutra's schedule shows the
080808 - overall project will be complete by 971119.  COE and the Port
080809 - indicated this would be acceptable if Dutra can complete the work by
080810 - 970315.  Communication Metrics was not used at this meeting, so this
080811 - record was developed from discussions with attendees following the
080812 - meeting.
080813 -
080814 -      [On 961218 Max wrote a letter confirming understandings from this
080815 -      meeting, ref SDS 13 0000.]
080817 -       ..
080818 -      [On 961219 analysis indicates Dutra's schedule lacks support for
080819 -      finding of practicability. ref SDS 14 0000]
080821 -       ..
080822 -      [On 960107 USACE understanding on results of meeting today were
080823 -      different from Dutra's intent. ref SDS 17 3797]
080825 -       ..
080826 -      [On 970110 request for COE staff to pool notes for developing
080827 -      record of this meeting ref SDS 20 2487.]
080829 -       ..
080830 -      [On 970202 spreadsheet analysis revealed errors in Dutra's
080831 -      schedule presentation today. ref SDS 21 0000]
080832 -
080834 -  ..
0809 -
0810 -
0811 - Progress
0812 -
081201 - Does schedule show a task to remove material dumped at Berth 9 in the
081202 - water? ref SDS 6 M43G
081203 -
081204 -     Dutra's serial letter #0205 says it has performed all of the tasks
081205 -     shown in G&B's 961030 memo.
081207 -      ..
081208 -     Where is the report from G&B or COE inspection showing this has
081209 -     been done.?
081211 -  ..
081213 -  ..
081214 - Tom Keesling advised that Dutra's schedule is based on "standard
081215 - depth" dredging practice, but noted that this project does not specify
081216 - that practice.
081217 -
081218 -       [On 961218 Max wrote a letter confirming understandings from
081219 -       this meeting, ref SDS 13 0000.]
081220 -  ..
081222 -  ..
081223 - Dutra submitted serial letter #0205 dated 961212, listing "exhibits"
081224 - that support its schedule presentation today.
081226 -  ..
081227 - Exhibit V is a spreadsheet comparing bid and actual (survey)
081228 - quantities. ref DRT 2 7344
081229 -
081230 -      [On 970202 Dutra's spreadsheet seems erroneous. ref SDS 21 8499]
081232 -  ..
081233 - Actually, Dutra's serial letter #0205 seems to be an exhibit or an
081234 - attachment to Dutra's primary document dated 961213 entitled:
081235 -                      ..
081236 -                     Project Schedule Analysis
081238 -  ..
081239 - Job Completed 971119, Responds to COE Serial Letter #0014
081240 -
081241 - The Project Schedule Analysis includes attachments which seem to
081242 - address requirements in COE serial letter #0014 dated 961119, para 6
081243 - and 7, per COE's letter ref DIP 1 8007, received into the record at
081244 - ref SDS 3 0000 and issued to Dutra at the Progress Meeting on 961119,
081245 - ref SDS 2 4739, discussed at the meeting on 961113, ref SDS 1 5583,
081246 - 190, and on 961121. ref SDS 5 0647
081248 -  ..
081249 - Exhibit #3 is a bar chart schedule showing job completion on 971119.
081250 -
081251 -      [On 970202 review of Dutra's figures supports completion on
081252 -      971119, but errors in figures indicate actual completion will be
081253 -      980528. ref SDS 21 9503]
081255 -  ..
081257 -  ..
081258 - Dutra's "Work Plan," explained by Bill Dutra as implementing the
081259 - schedule, says Dutra will dredge the Outer and Inner Harbors from West
081260 - to East, which reflects the requirement in para 2 of COE's serial
081261 - letter #0014.  Dutra's serial letter #0205, also in the binder, says
081262 -
081263 -     2. The schedule provides continuity of proposed acceptance areas
081264 -        in the most practicable and economical manner. The latitude to
081265 -        alter order of work as related to equipment capabilities within
081266 -        the Outer Harbor or Inner Harbor must be preserved to
081267 -        economically pursue the work. There are alternatives to the
081268 -        described sequences, based on economics.
081270 -     ..
081271 -    [On 970106 Dutra notified COE the "Work Plan" was intended as an
081272 -    "alternate" schedule, ref SDS 17 8445; see analysis on 970109 of
081273 -    possible misrepresentation caused by Dutra. ref SDS 19 0536]
081275 -  ..
081276 - Dutra submits no alternatives that would result in better economics,
081277 - and did not do so at the meeting on 961113. see ref SDS 1 5838
081279 -  ..
081280 - Accordingly, Dutra's schedule to dredge adjacent work areas, may be
081281 - acceptable as a "practicable" schedule in light of the need to accept
081282 - the work in a manner that reduces the impact of shoaling material
081283 - mounding on top of contract pay quantities, as discussed at the 961121
081284 - meeting. ref SDS 5 4729 and ref SDS 5 0384
081286 -  ..
081287 - Production Based on 2 Days Experimenting with New Methods
081288 -
081289 - A key factor in Dutra's schedule is the production rate used for the
081290 - Antone, described in Dutra's serial letter #0205 dated 961212 at para
081291 - 6 & 7.  They seem to rely on only 2 days of data to predict improved
081292 - production over the past 5 months, of 85%.  The document says it
081293 - applies only a 10% improved production rate rather than 85%, however,
081294 - it is questionable if 2 days of data is adequate to justify a
081295 - projection for completing the work over the next year, particularly
081296 - relative to the matter of Cut Depth, raised by Gahagan & Bryant, per
081297 - the meeting on 961121. ref SDS 5 0647
081298 -
081299 -      [On 961219 production on the two dates does not seem to support
081300 -      forecast of improved production. ref SDS 15 9477]
081302 -  ..
081303 - The assumption that the Paula Lee can dredge at 30% of the Antone's
081304 - increased rate needs to be compared with its production relative to
081305 - its history on the project.
081306 - ..
081307 - There was discussion of using the DB 24.  Where is its
081308 - production rate shown?   Increasing the amount of equipment on the job
081309 - seems the most likely means to improve production, as discussed at the
081310 - meeting on Tuesday, ref SDS 8 line 200.  The DB #24's production is
081311 - not included in Dutra's serial letter #0205.
081312 -
081313 -      [See follow up where analysis of Dutra's submission seems to omit
081314 -      the DB #24. ref SDS 21 0730]
081316 -  ..
081317 - There were drawings showing Dutra plans to mobilize a smaller
081318 - offloader at Galbraith to finish that work.
081320 -  ..
081321 - Evidently, COE agreed to changes in the schedule requested by the Port
081322 - of Oakland to have Dutra complete the outer harbor by 970315 rather
081323 - than 970301, as proposed by Dutra at the meeting today.
081325 -  ..
081326 - This change seems to have been based upon a representation by Bill
081327 - Dutra at the meeting today using Dutra's "Work Plan" for implementing
081328 - the updated schedule.  Item #3 in the Work Plan says Dutra will
081329 - complete the Outer Harbor by 970301.  The Port indicated to COE
081330 - separately during a break at the meeting that this would be helpful to
081331 - them because a Port executive had related to shipping interests that
081332 - the Outer Harbor work would ready by 970315; and, so COE indicated to
081333 - Dutra when the full meeting resumed that if it can complete the Outer
081334 - Harbor by 970315, this would be acceptable.
081336 -  ..
081337 - Dutra is to submit a revised schedule on Monday showing these changes.
081338 -
081339 -     [See follow up of defective submission on 961216, ref SDS 11 line
081340 -     37.]
081341 -
081342 -     [See cite to this understanding at ref SDS 14 line 223, and ref
081343 -     SDS 16 line 87.]
081345 -      ..
081346 -     [On 961218 discovery that Dutra's CPM schedule appears to conflict
081347 -     with its offer to complete Outer Harbor by 970301, and its Work
081348 -     Plan step #3. ref SDS 12 8499]
081350 -      ..
081351 -     [On 970106 Bob Johnston advised that Dutra did not intend for the
081352 -     Work Plan to implement its schedule and that the Work Plan was
081353 -     instead a separate and alternative offer from its schedule, which
081354 -     intent was conveyed in a letter that was given only to Tom Benero
081355 -     before the meeting, that explains the intent of Dutra's Work Plan.
081356 -     ref SDS 17 3797]
081358 -      ..
081359 -     [On 970109 received Dutra's serial letter #0206 submitting the
081360 -     "Work Plan." ref SDS 19 5833]
081362 -      ..
081363 -     [On 970202 Dutra's spreadsheet seems erroneous. ref SDS 21 8499]
081365 -  ..
081366 - Dutra Shows Todd/Schnitzer Material Disposal at Redwood Landfill
081367 -
081368 - Dutra did not submit its methodology for performing the work in the
081369 - Todd-Schnitzer Wings, as directed in RFP #19, per discussion at the
081370 - meeting on 961210, ref SDS 8 line 233, following up Contract
081371 - Administration Meeting on 961209, ref SDS 7 line 616.  Schedule
081372 - Exhibit 3 shows a task #850 beginning on 970608 to dispose of material
081373 - from Todd Wing at a Redwood Landfill, rather that at Galbraith.  The
081374 - schedule shows another task also numbered "850" beginning on 970814 to
081375 - dispose of material from Schnitzer Wing at a Redwood Landfill, rather
081376 - than at Galbraith.  Actually there are three separate tasks numbered
081377 - "850."  The activity to "Resolve Environmental Issues/Develop Work
081378 - Plan" is identified as task #850, but it is not described as related
081379 - to Todd and Schnitzer.  This is item #5 in the Dutra's Work Plan, ref
081380 - DRT 2 line 51.
081382 -  ..
081383 - Tom Keesling, Max, Marc, and Tom Benero did not report any discussion
081384 - of this matter during the meeting today.
081385 -
081386 -     [See receipt of Dutra's serial letter #0206, given to Tom Benero
081387 -     at this meeting, but it not discussed until 970106, ref SDS 19
081388 -     line 119.]
081390 -      ..
081391 -     [See discussion about use of activity ID numbers to organize
081392 -     schedule per WBS, at 970106 meeting, ref SDS 17 line 318.]
081394 -  ..
081395 - Dutra Makes Interim Response to Cure Notice
081396 -
081397 - I spoke to Tom Benero on following Monday, 961216, ref SDS 10 9997,
081398 - and he indicated having informed Dutra at this meeting that its
081399 - presentation today would comprise an interim response to COE's Cure
081400 - Notice dated 961206 which required a response on 961216.  Tom
081401 - indicated he will evaluate Dutra's scheduling efforts and work
081402 - performance on or about 970106, and then advise if further direct
081403 - response is required to the Cure Notice.
081404 -
081405 -     [See follow up issuing letter to Contractor requiring correction
081406 -     of schedule submitted today, to conform with Dutra's verbal
081407 -     presentation, ref SDS 16 line 85.]
081409 -      ..
081410 -     [See later representation by Bob Johnston that Dutra gave Tom
081411 -     Benero a letter before the meeting today that explains the intent
081412 -     of Dutra's Work Plan, ref SDS 17 line 61.]
081414 -      ..
081415 -     [See where Dutra specifically responded to COE's Cure Notice via
081416 -     Dutra's serial letter #0206 given to Tom Beneor at this meeting
081417 -     today, ref SDS 19 line 127.]
081418 -
081420 -  ..
081421 - Claim Resolution Meeting Discussed
081422 -
081423 - Apparently Tom Benero suggested a meeting with Dutra to resolve claims
081424 - on 970106, per Marc McGovern on 961220. ref SDS 16 1177
081425 -
081426 -     [On 961219 changed meeting to 960109, per Max at ref SDS 14 9640]
081428 -      ..
081429 -     [On 970108 meeting cancelled because Dutra has not submitted
081430 -     sufficient information to support a negotiation, ref SDS 18 8932]
081431 -
081433 -  ..
081434 - Alternate Unloader Proposed to Complete Galbraith
081435 -
081436 - Tom Keesling advised that Bill Dutra offered to mobilize a different
081437 - unloader to complete the work at Galbraith.  This is reflected by an
081438 - oversized exhibit submitted at the meeting today that does not seem to
081439 - be mentioned in Dutra's submission listing dated 961213.  It also does
081440 - not seem to be mentioned in Dutra's serial letter #0205 dated 961212.
081441 -
081442 -     [This offer is explained in Dutra's serial letter #0206 dated
081443 -     961212, recieved into the record on 970109, ref SDS 19 line 120.]
081445 -  ..
081446 - Mobilizing the unloader is not shown in Dutra's schedule, and it seems
081447 - to conflict with its task #850 to dispose of material from Todd and
081448 - Schnitzer at Redwood Landfill, rather than at Galbraith.
081449 -
081450 -     [Bob Johnston reported at the meeting on 970106 that omission of
081451 -     mobilizing the unloader in the schedule was a mistake; it was
081452 -     later added to the schedule, ref SDS 17 line 334.]
081454 -  ..
081455 - COE needs to respond to Dutra's serial letter #0205 dated 961212
081456 - because it seems to have some representations that require support
081457 - and/or are conflicting, e.g., para 8 and 9, ref DRT 1 line 138.
081458 -
081459 -
081460 -
081461 -
081462 -
0815 -

SUBJECTS
Shoaling
Bid Listing
Failure to Disclose
Delayed Delivery

1206 -
120701 -  ..
120702 - Dutra's Original Dredging Plan Hampered by Delayed Arrival of Antone
120703 -
120704 - A few days later Tom Keesling seemed to recall that Dutra explained at
120705 - this meeting on 961213 that it had originally planned to have the
120706 - Paula Lee dredge soft material and then the Antone would follow
120707 - closely behind to dredge the remaining hard material to grade.
120708 - However, the manufacture of the Antone was greatly delayed and this
120709 - resulted in the Paula Lee moving about the project without reaching
120710 - plan grade in many locations that then resulted in a shoaling
120711 - situation.
120713 -  ..
120714 - Question:
120715 -
120716 -    1.  Was this "plan" reflected in any documents submitted by the
120717 -        Contractor?
120718 -
120719 -    2.  Since the Antone was not listed in Dutra's equipment list, did
120720 -        Dutra's failure to list it deny the Government the opportunity
120721 -        to make a knowing business judgement on Dutra's true ability to
120722 -        perform the work?
120724 -  ..
120725 - This presents an interesting situation, where COE may have had some
120726 - duty to disclose annual shoaling quantities, but Dutra may have had a
120727 - duty to disclose its equipment plan.
120728 -
120729 -     [Dutra later files claim seeking 150 day time extension due to
120730 -     delayed delivery of Antone, ref SDS 20 line 412.]
120731 -
120732 -
120733 -
120734 -
1208 -