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2.2 Design Professional Services. Design-Builder shall, consistent with applicable state licensing <br /> laws, provide through qualified, licensed design professionals employed by Design-Builder, or <br /> procured from qualified, independent licensed Design Consultants,the necessary design services, <br /> including architectural, engineering and other design professional services, for the preparation of <br /> the required drawings, specifications and other design submittals to permit Design-Builder to <br /> complete the Work consistent with the Contract Documents. Nothing in the Contract Documents <br /> is intended or deemed to create any legal or contractual relationship between Owner and any <br /> Design Consultant. <br /> 2.3 Standard of Care for Design Professional Services. The standard of care for all design <br /> professional services performed to execute the Work shall be the (i) the care and skill necessary <br /> to comply with the requirements of this Contract and (ii)care and skill ordinarily used by members <br /> of the design profession practicing under similar conditions at the same time and locality of the <br /> Project, whichever is greater. Notwithstanding the preceding sentence, if the Owner's Project <br /> Criteria contains specific performance standards for any aspect of the Work, the design <br /> professional services shall be performed to achieve such standards. <br /> 2.4 Design Development Phase Services <br /> 2.4.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract <br /> Documents, agree upon any interim design submissions that Owner may wish to review, which <br /> interim design submissions may include design criteria, drawings, diagrams and specifications <br /> setting forth the Project requirements. Interim design submissions shall be consistent with the <br /> Owner's Project Criteria, as the Owner's Project Criteria may have been changed through the <br /> design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, <br /> Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder <br /> identifying during such meetings, among other things,the evolution of the design and any changes <br /> to the Owner's Project Criteria, or, if applicable, previously submitted design submissions. <br /> Changes to the Owner's Project Criteria, including those that are deemed minor changes under <br /> Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including <br /> a full listing of all changes, will be maintained by Design-Builder and provided to all attendees for <br /> review. Following the design review meeting, Owner shall review and approve the interim design <br /> submissions and meeting minutes in a time that is consistent with the turnaround times set forth in <br /> Design-Builder's schedule. <br /> 2.4.2 Design-Builder shall submit to Owner Construction Documents setting forth in detail <br /> drawings and specifications describing the requirements for construction of the Work. The <br /> Construction Documents shall be consistent with the latest set of interim design submissions, as <br /> such submissions may have been modified in a design review meeting and recorded in the <br /> meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall <br /> review and approve, the Construction Documents in accordance with the procedures set forth in <br /> Section 2.4.1 above. Design-Builder shall proceed with construction in accordance with the <br /> approved Construction Documents and shall submit one set of approved Construction Documents <br /> to Owner prior to commencement of construction. <br /> 2.4.3 Owner's review and approval of interim design submissions, meeting minutes, and the <br /> Construction Documents is for the purpose of mutually establishing a conformed set of Contract <br /> Documents compatible with the requirements of the Work. Neither Owner's review nor approval of <br /> any interim design submissions, meeting minutes, and Construction Documents shall be deemed <br /> to transfer any design liability from Design-Builder to Owner. <br /> 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design- <br /> Builder may prepare interim design submissions and Construction Documents for a portion of the <br /> Work to permit construction to proceed on that portion of the Work prior to completion of the <br /> Construction Documents for the entire Work. <br /> East Clearwell Project General Conditions of Contract Page 5 <br />