Bayley Construction LP 6/18/2025

13 Progressive Design Build General Conditions 2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is Defective, submit a corrective action plan that details steps to correct Defective Work, including the correction, removal or replacement of the defective Work and any damage caused to other parts of the Work affected by the Defective Work. Owner will review and approve a corrective action plan and provide authorization to commence corrective action. If Design-Builder fails to start corrective action within seven (7) business days, or as otherwise approved by Owner, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder’s Bonding Agent with written notice of defective work and Design-Builder corrective action plan. The conditions of the Performance Bond will be enforced. If in the event Owner must correct the Defective Work, Design-Builder shall be responsible for all costs incurred by Owner in performing such correction. If the Defective Work creates an emergency requiring an immediate response, emergency response costs are also the responsibility of the Design-Builder. 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder’s obligation to correct Defective Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder’s other obligations under the Contract Documents. 2.11 Non-Discrimination and Inclusion Plan. 2.11.1 Design-Builder shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. Design-Builder shall not participate either directly or indirectly in such discrimination, including discrimination in employment practices. 2.11.2 Design-Builder shall comply with all requirements of the federal Civil Rights Act. 2.11.3 Design- Builder shall actively and in good faith provide opportunities for Underutilized Firms as Subcontractors and suppliers in the performance of the Phase 2 Services. Design- Builder shall consider granting contracts to Underutilized Firms on the basis of substantially equal proposals in the light most favorable to the Underutilized Firm. 2.11.3.1 Design- Builder shall submit an Inclusion Plan as required by Section 2.3.1.14 of the Contract, reviewed and approved by the Owner prior to the execution of the GMP Amendment, that outlines the proactive strategies, resource commitments, and specific steps Design-Builder will take to effectively reach out to Underutilized Firms for the performance of the Phase 2 Services. As requested by Owner, Design- Builder shall furnish evidence of its compliance with these requirements. 2.11.3.2 As required by RCW 39.10.330(8), Design- Builder shall track and report to Owner and to the Washington State office of minority and women' s business enterprises its utilization of Underutilized Firms. As used in this section, Underutilized Firms shall include veteran business enterprises ( VBEs), minority business enterprises ( MBEs), women business enterprises WBEs), minority women business enterprises ( MWBEs), combination Business enterprises CBEs) and Socially and Economically Disadvantaged Business Enterprises ( SEDBEs). The term VBE means a business at least 51% of which is veteran-owned. The terms MBE, WBE, MWBE, CBE and SEDBE are any such business that have been so certified by the State of Washington. As used in this section, these firms may include, but are not limited to, firms certified by the Office of Minority and Women Owned Enterprises (OMWBE), the US Government, registered with other relevant agencies, or those that are self-identified and accepted by Owner.