Self-Performed Work. 4.7.1 Neither the CM nor a CM Affiliated Entity shall Self-Perform any Work on the Project during the Construction Stage except: 4.7.1.1 Work not subject to Bidding as described under Section 4.1; and 4.7.1. 2 as otherwise provided in this Section 4.7. 4.7.2 If the CM or a CM Affiliated Entity intends to Bid on any Work subject to Bidding as described under Section 4.1: 4.7.2.1 During preparation of the Subcontracting Plan, the CM shall notify the Contracting Authority that the CM or a CM Affiliated Entity may Bid on a portion of the Work. The Contracting Authority, CM, and A/E shall review that Work in detail and agree on its scope before the CM finalizes the Subcontracting Plan. 4.7.2.2 At least 14 days before issuing Bidding Documents for the scope of Work the CM or a CM Affiliated Entity intends to Bid on, the CM shall, in writing, seek the Contracting Authority’s permission for the CM or CM Affiliated Entity to Bid on that particular Work. 4.7.3 If the Contracting Authority permits the CM or CM Affiliated Entity to submit a Bid for a particular scope of Work: 4.7.3.1 The CM or CM Affiliated Entity (as applicable) shall meet in all respects the Bidder prequalification criteria approved by the Contracting Authority under Section 4.3. 4.7.3.2 The Bidding Documents shall specifically state that the CM or a CM Affiliated Entity may submit a Bid for that Work. 4.7.3.3 The CM shall ensure strict separation of the personnel of the CM or CM Affiliated Entity involved with Bidding on the Work from the personnel of the CM or CM Affiliated Entity otherwise involved in the Project. That separation includes, without limitation, prohibiting any communication (other than communication that is permitted by all Bidders) between those two groups before the Contracting Authority opens the associated Bids. 4.7.3.4 The CM or CM Affiliated Entity (as applicable) will be subject to all requirements applicable to the other Bidders for that Work. 4.7.3.5 The CM or CM Affiliated Entity (as applicable) shall submit its sealed Bid to the Contracting Authority no less than four hours before the deadline for submission of Bids to the CM for that scope of Work. 4.7.4 If the CM or a CM Affiliated Entity submits a Bid as described under Section 4.7.3 and less than two other Bidders submit Bids for the same Work, the Contracting Authority may require that Work to be rebid. 4.7.5 If the Contracting Authority awards to the CM or CM Affiliated Entity the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM may not use CM Contingency for that Work. The foregoing prohibition applies specifically but not exclusively to using CM Contingency to make up for the CM’s underestimation of that scope of Work in the CM’s detailed estimate of the Cost of the Work described under Section 5.7.6.4. 4.7.6 If the Contracting Authority awards to a CM Affiliated Entity the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM Affiliated Entity will be a Subcontractor under the Contract and the CM’s Subcontract with the CM Affiliated Entity shall be on the State of Ohio Subcontract Form prescribed in OAC 153:1-03-02. 4.7.7 If the Contracting Authority awards to the CM the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM shall not be a Subcontractor under the Contract and shall not enter into a Subcontract with itself for that Work.
Appears in 2 contracts
Samples: Professional Services, Construction Manager at Risk Agreement
Self-Performed Work. 4.7.1 Neither the CM DB nor a CM DB Affiliated Entity shall Self-Perform directly perform with its own employees or other resources any Work on the Project during the Construction Stage except:
4.7.1.1 Work not subject to Bidding as described under Section 4.1; and
4.7.1. 2 4.7.1.2 as otherwise provided in this Section 4.7.
4.7.2 If the CM DB or a CM DB Affiliated Entity intends to Bid on any Work subject to Bidding as described under Section 4.1:
4.7.2.1 During preparation of the Subcontracting Plan, the CM DB shall notify the Contracting Authority that the CM DB or a CM DB Affiliated Entity may Bid on a portion of the Work. The Contracting Authority, CM, Authority and A/E DB shall review that Work in detail and agree on its scope before the CM DB finalizes the Subcontracting Plan.
4.7.2.2 At least 14 days before issuing Bidding Documents for the scope of Work the CM DB or a CM DB Affiliated Entity intends to Bid on, the CM DB shall, in writing, seek the Contracting Authority’s permission for the CM DB or CM DB Affiliated Entity to Bid on that particular Work.
4.7.3 If the Contracting Authority permits the CM DB or CM DB Affiliated Entity to submit a Bid for a particular scope of Work:
4.7.3.1 The CM DB or CM DB Affiliated Entity (as applicable) shall meet in all respects the Bidder prequalification criteria approved by the Contracting Authority under Section 4.3.
4.7.3.2 The Bidding Documents shall specifically state that the CM DB or a CM DB Affiliated Entity may submit a Bid for that Work.
4.7.3.3 The CM DB shall ensure strict separation of the personnel of the CM DB or CM DB Affiliated Entity involved with Bidding on the Work from the personnel of the CM DB or CM DB Affiliated Entity otherwise involved in the Project. That separation includes, without limitation, prohibiting any communication (other than communication that is permitted by all Bidders) between those two groups before the Contracting Authority opens the associated Bids.
4.7.3.4 The CM DB or CM DB Affiliated Entity (as applicable) will be subject to all requirements applicable to the other Bidders for that Work.
4.7.3.5 The CM DB or CM DB Affiliated Entity (as applicable) shall submit its sealed Bid to the Contracting Authority no less than four 4 hours before the deadline for submission of Bids to the CM DB for that scope of Work.
4.7.4 If the CM DB or a CM DB Affiliated Entity submits a Bid as described under Section 4.7.3 and less than two other Bidders submit Bids for the same Work, the Contracting Authority may require that Work to be rebid.
4.7.5 If the Contracting Authority awards to the CM DB or CM DB Affiliated Entity the right to Selfself-Perform perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM DB may not use CM DB Contingency for that Work. The foregoing prohibition applies specifically but not exclusively to using CM DB Contingency to make up for the CMDB’s underestimation of that scope of Work in the CMDB’s detailed estimate of the Cost of the Work described under Section 5.7.6.45.7.6.5.
4.7.6 If the Contracting Authority awards to a CM DB Affiliated Entity the right to Selfself-Perform perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM DB Affiliated Entity will be a Subcontractor under the Contract and the CMDB’s Subcontract with the CM DB Affiliated Entity shall be on the State of Ohio Subcontract Form prescribed in OAC 153:1-03-02.
4.7.7 If the Contracting Authority awards to the CM the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM shall not be a Subcontractor under the Contract and shall not enter into a Subcontract with itself for that Work.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Self-Performed Work. 4.7.1 11.6.1 Neither the CM Contractor nor a CM Affiliated Entity any of its Affiliates shall Self-Perform any Work on the Project during the Construction Stage except:
4.7.1.1 Work not subject to Bidding as described under Section 4.1; and
4.7.1. 2 as otherwise provided in this Section 4.7.
4.7.2 If the CM or a CM Affiliated Entity intends to Bid bid on any Work subject to Bidding as described under Section 4.1:
4.7.2.1 During preparation Bid Package unless MSG has given its express prior written approval. If MSG does approve such bidding by Contractor or any of the Subcontracting Planits Affiliates, the CM Contractor, or its Affiliates, shall notify the Contracting Authority that the CM or a CM Affiliated Entity may Bid on a portion of the Work. The Contracting Authority, CM, and A/E shall review that Work in detail and agree on its scope before the CM finalizes the Subcontracting Plan.
4.7.2.2 At least 14 days before issuing Bidding Documents for the scope of Work the CM or a CM Affiliated Entity intends to Bid on, the CM shall, in writing, seek the Contracting Authority’s permission for the CM or CM Affiliated Entity to Bid on that particular Work.
4.7.3 If the Contracting Authority permits the CM or CM Affiliated Entity be permitted to submit a sealed bid for such Work pursuant to the competitive bidding procedures applicable to all bidders. Also, in such instance, the opening, review and advice with respect to award and/or rejection of such bids shall be handled solely by MSG and Project Manager. The following requirements shall also apply if Contractor or its Affiliates desire to bid on a Bid for a particular scope of WorkPackage:
4.7.3.1 The CM 11.6.1.1 Contractor or CM Affiliated Entity its Affiliate shall review the Work included in such Bid Package (as applicableincluding the bid packaging plan) with MSG and Architect prior to finalizing the Bid Package;
11.6.1.2 there shall meet in all respects the Bidder prequalification criteria approved by the Contracting Authority under Section 4.3.
4.7.3.2 The Bidding Documents shall specifically state that the CM or be a CM Affiliated Entity may submit a Bid for that Work.
4.7.3.3 The CM shall ensure strict separation of the personnel of the CM Contractor or CM Affiliated Entity its Affiliate involved with Bidding bidding on the such Work from the and Contractor’s other personnel of the CM or CM Affiliated Entity otherwise involved in the Project. That separation includes, without limitationand Contractor shall, prohibiting by written policy distributed to all affected personnel (a copy of which shall be delivered to MSG), strictly prohibit any communication prior to bid award among personnel involved with the estimating, bidding, management or other services in connection with such Work and personnel working on other aspects of this Project pursuant to this Agreement (other than such communication that as is permitted by all Bidders) between those two groups before the Contracting Authority opens the associated Bids.bidders);
4.7.3.4 The CM or CM Affiliated Entity (as applicable) will be subject to all requirements applicable to the other Bidders for that Work.
4.7.3.5 The CM or CM Affiliated Entity (as applicable) shall submit its sealed Bid to the Contracting Authority no less than four hours before the deadline for submission of Bids to the CM for that scope of Work.
4.7.4 If the CM or a CM Affiliated Entity submits a Bid as described under Section 4.7.3 and 11.6.1.3 if less than two other Bidders submit Bids bids from responsible bidders are submitted for the same such Work, MSG, at its option, may disqualify Contractor or its Affiliate from award of the Contracting Authority bid for such Work and, in MSG’s discretion, may require that cause the Bid Package with respect to such Work to be rebid.re-bid;
4.7.5 If 11.6.1.4 Contractor shall not participate in the Contracting Authority awards analysis and/or recommendations with respect to the CM award of any Subcontract for such Work, and all inquiries shall be forwarded to MSG or CM Affiliated Entity Project Manager;
11.6.1.5 Contractor or its Affiliate shall not, in its bid, use any of the General Conditions Work to support such Work or use the General Conditions Work for such Work, on any terms or conditions different from the terms or conditions on which such General Conditions Work are made available to all other bidders; and
11.6.1.6 the solicitation for bids for such Work shall specifically state that Contractor or its Affiliate shall have the right to Self-Perform submit a particular scope sealed bid on such Work.
11.6.2 If the foregoing procedures are not strictly followed, then MSG shall have the right to reject the bid of Work by operation of Sections 4.7.2 and 4.7.3, the CM may not use CM Contingency Contractor or its Affiliates for that such Work. The foregoing prohibition applies specifically but Any rejection of a bid or required re-bid under this Section 11.6 shall not exclusively to using CM Contingency to make up be the basis for the CM’s underestimation of that scope of Work in the CM’s detailed estimate of the recovery as a Cost of the Work described under Section 5.7.6.4.
4.7.6 If the Contracting Authority awards to a CM Affiliated Entity the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM Affiliated Entity will be a Subcontractor under the Contract and the CM’s Subcontract with the CM Affiliated Entity shall be on the State of Ohio Subcontract Form prescribed in OAC 153:1-03-02.
4.7.7 If the Contracting Authority awards or an adjustment to the CM Incentive Benchmark or the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, Date for Substantial Completion or the CM shall not be a Subcontractor under the Contract and shall not enter into a Subcontract with itself for that WorkLong Stop Completion Date.
Appears in 2 contracts
Samples: Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (MSG Entertainment Spinco, Inc.)
Self-Performed Work. 4.7.1 11.6.1 Neither the CM Contractor nor a CM Affiliated Entity any of its Affiliates shall Self-Perform any Work on the Project during the Construction Stage except:
4.7.1.1 Work not subject to Bidding as described under Section 4.1; and
4.7.1. 2 as otherwise provided in this Section 4.7.
4.7.2 If the CM or a CM Affiliated Entity intends to Bid bid on any Work subject to Bidding as described under Section 4.1:
4.7.2.1 During preparation Bid Package unless MSG has given its express prior written approval. If MSG does approve such bidding by Contractor or any of the Subcontracting Planits Affiliates, the CM Contractor, or its Affiliates, shall notify the Contracting Authority that the CM or a CM Affiliated Entity may Bid on a portion of the Work. The Contracting Authority, CM, and A/E shall review that Work in detail and agree on its scope before the CM finalizes the Subcontracting Plan.
4.7.2.2 At least 14 days before issuing Bidding Documents for the scope of Work the CM or a CM Affiliated Entity intends to Bid on, the CM shall, in writing, seek the Contracting Authority’s permission for the CM or CM Affiliated Entity to Bid on that particular Work.
4.7.3 If the Contracting Authority permits the CM or CM Affiliated Entity be permitted to submit a sealed bid for such Work pursuant to the competitive bidding procedures applicable to all bidders. Also, in such instance, the opening, review and advice with respect to award and/or rejection of such bids shall be handled solely by MSG and Project Manager. The following requirements shall also apply if Contractor or its Affiliates desire to bid on a Bid for a particular scope of WorkPackage:
4.7.3.1 The CM 11.6.1.1 Contractor or CM Affiliated Entity its Affiliate shall review the Work included in such Bid Package (as applicableincluding the bid packaging plan) with MSG and Architect prior to finalizing the Bid Package;
11.6.1.2 there shall meet in all respects the Bidder prequalification criteria approved by the Contracting Authority under Section 4.3.
4.7.3.2 The Bidding Documents shall specifically state that the CM or be a CM Affiliated Entity may submit a Bid for that Work.
4.7.3.3 The CM shall ensure strict separation of the personnel of the CM Contractor or CM Affiliated Entity its Affiliate involved with Bidding bidding on the such Work from the and Contractor’s other personnel of the CM or CM Affiliated Entity otherwise involved in the Project. That separation includes, without limitationand Contractor shall, prohibiting by written policy distributed to all affected personnel (a copy of which shall be delivered to MSG), strictly prohibit any communication prior to bid award among personnel involved with the estimating, bidding, management or other services in connection with such Work and personnel working on other aspects of this Project pursuant to this Agreement (other than such communication that as is permitted by all Bidders) between those two groups before the Contracting Authority opens the associated Bids.bidders);
4.7.3.4 The CM or CM Affiliated Entity (as applicable) will be subject to all requirements applicable to the other Bidders for that Work.
4.7.3.5 The CM or CM Affiliated Entity (as applicable) shall submit its sealed Bid to the Contracting Authority no less than four hours before the deadline for submission of Bids to the CM for that scope of Work.
4.7.4 If the CM or a CM Affiliated Entity submits a Bid as described under Section 4.7.3 and 11.6.1.3 if less than two other Bidders submit Bids bids from responsible bidders are submitted for the same such Work, MSG, at its option, may disqualify Contractor or its Affiliate from award of the Contracting Authority bid for such Work and, in MSG’s discretion, may require that cause the Bid Package with respect to such Work to be rebid.re-bid;
4.7.5 If 11.6.1.4 Contractor shall not participate in the Contracting Authority awards analysis and/or recommendations with respect to the CM award of any Subcontract for such Work, and all inquiries shall be forwarded to MSG or CM Affiliated Entity Project Manager;
11.6.1.5 Contractor or its Affiliate shall not, in its bid, use any of the General Conditions Work to support such Work or use the General Conditions Work for such Work, on any terms or conditions different from the terms or conditions on which such General Conditions Work are made available to all other bidders; and
11.6.1.6 the solicitation for bids for such Work shall specifically state that Contractor or its Affiliate shall have the right to Self-Perform submit a particular scope sealed bid on such Work.
11.6.2 If the foregoing procedures are not strictly followed, then MSG shall have the right to reject the bid of Work by operation of Sections 4.7.2 and 4.7.3, the CM may not use CM Contingency Contractor or its Affiliates for that such Work. The foregoing prohibition applies specifically but Any rejection of a bid or required re-bid under this Section 11.6 shall not exclusively to using CM Contingency to make up be the basis for the CM’s underestimation of that scope of Work in the CM’s detailed estimate of the recovery as a Cost of the Work described under Section 5.7.6.4.
4.7.6 If the Contracting Authority awards to a CM Affiliated Entity the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM Affiliated Entity will be a Subcontractor under the Contract and the CM’s Subcontract with the CM Affiliated Entity shall be on the State of Ohio Subcontract Form prescribed in OAC 153:1-03-02.
4.7.7 If the Contracting Authority awards or an adjustment to the CM Incentive Benchmark or the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, Date for Substantial Completion or the CM shall not be a Subcontractor under the Contract and shall not enter into a Subcontract with itself for that Work.Long Stop Completion Date. 11.7 [*****]
Appears in 1 contract
