Minutes Exhibit E
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
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