Minutes Exhibit E
Port Commission Regular Meeting
of March 27. 2018
Testimony of Ralph B. lbarra, President  DiverseAmerica Network
Port of Seattle Commission Meeting: March 27, 2018

RE: Non-compliance by Clark Construction Group, LLC of Design-Build Contract Provisions
home is in
For the record, my name is Ralph lbarra and my company is DiverseAmerica Network, my
l have been a tax-paying resident of the Port's jurisdiction since 1980.  I am
Algona, Washington, and
Arrivals
here representing Sundancer Electric, Inc., a prominent subcontractor on the lntemational
Clark Construction Group, LLC
Facility Project and to alert the Commissioners of the non-compliance by
of critical provisions contained within the Design-Build Contract executed on July 20, 2015. Particularly
Contract provisos within
troubling is Clark Construction's lack of adherence to the Design-Build
ARTICLE 6-08; subsection 6-08.03 PROGRESS PAYMENTS:
and Suppliersfor all Work
Item D. The Design-Builder is required to make payment to all Subcontractors
included within the Progress Payment within ten (10) Daysfrom the receipt ofthe Progress Payment.
this contract to all
Furthermore, the DesignBuilder shall require all subcontracts issued under
their
Subcontractors and Suppliers at all tiers to also make all due payments within ten (10) Days of
receipt ofpayment.
a corporate
Item E. The Design-Builder shall supply with each payment request a certification signed by
or company officer. This certication shall attest that all payments by the Design-Builder due to
ten (10) Day
Subcontractors or Suppliersfrom the last payment estimate have been made within the
payment period. The certication shall attest that the Design-Builder will make payment within ten
The Design-Builder is required to
(10) Days of all obligations duefrom the current payment estimate.
receive the same certication from all Subcontractors and Suppliers at all tiers.
clauses of the
It is particularly critical to know that inconsistent compliance of the aforementioned
a material breach of
Design-Build Contract held by Clark Construction Group, LLC could be considered
the DesignBuild Contract.
and SECTIONS of Agenda
Today the Commission will learn details in the PROJECT UPDATE, BUDGET,
about Clark
Item No. 9a that should cause the Commissioners great concern and questions
Construction's management of the IAF project. I first brought this situation to the Commission on
August 15, 2017 and I am glad to report that Port Executives and the relevant staff have been actively
for Sundancer. Thanks to Dave
engaged to resolve the difcult circumstances that Clark has caused
has been made. In addition,
Soike, Ralph Graves, Glenn Fernandes, and Spencer Bright, some progress
Sundancer has made signicant good faith efforts to resolve all monies due it for work negotiated,
awarded, and performed on the IAF project. Alas, Clark Construction continues to blame the Port for
of
its inability to fulll the terms of its contract with its prime subcontractor Macro-Z-Technology,
which Sundancer is a subcontractor.
ACTIONS REQUESTED
fulll its
It is respectfully requested that actions be taken to compel Clark Construction to
contractual obligations to adhere to the Design-Build Contract provisos within ARTICLE 6-08;
of
subsection 6-08.03 PROGRESS PAYMENTS, so that Sundancer can be paid the full past due amount
$600,000; not including retainage. Through public records requests, I will be conducted an audit of all
the Port by Clark as
"Monthly Amounts Paid to All Subcontractor Participants" forms submitted to
Item E.
stipulated in E ARTICLE 6-08; subsection 6-08.03 PROGRESS PAYMENTS DIVISION,

DIVERSEAMERICA
)\ N E T W O R K
826 Algona Blvd. North Algona, WA 9mm USA
C: (253) 653-4645 | E: dehGMBEWodcom
W: DiverseAmericQNet