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7 <br />Progressive Design Build General Conditions <br /> <br />2.3 Standard of Care for Design Professional Services. <br />2.3.1 The standard of care for all design professional services performed to execute the Work <br />shall be the (i) the care and skill necessary to comply with the requirements of this Contract and <br />(ii) care and skill ordinarily used by members of the design profession practicing under similar <br />conditions at the same time and locality of the Project, whichever is greater. Notwithstanding the <br />preceding sentence, if Owner’s Initial Programming and Overview contains specific performance <br />standards for any aspect of the Work, the design professional services shall be performed to <br />achieve such standards. <br />2.4 Design Development 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 />Basis of Design Documents, as the Basis of Design Documents may have been changed through <br />the design process set forth in this Section 2.4.1 hereof and Section 2.1.1 of the Contract. On or <br />about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer <br />about the submissions, with Design-Builder identifying during such meetings, among other things, <br />the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, <br />previously submitted design submissions. Changes to the Basis of Design Documents, including <br />those that are deemed minor changes under Section 9.3 hereof, shall be processed in <br />accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be <br />maintained by Design-Builder and provided to all attendees for review. Following the design <br />review meeting, Owner shall review and approve the interim design submissions and meeting <br />minutes in a time that is consistent with the turnaround times set forth in Design-Builder’s <br />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 <br />Documents 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 <br />Construction Documents compatible with the requirements of the Work. Neither Owner’s review <br />nor approval of any interim design submissions, meeting minutes, and Construction Documents <br />shall be deemed 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 />2.5 Legal Requirements. <br />2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and <br />shall provide all notices applicable to the Work as required by the Legal Requirements.