Common use of Self Performance Clause in Contracts

Self Performance. 3.22.1. CMR shall not, without specific written approval in advance from the Judicial Council in the form of an Amendment to this Contract, self-perform any construction work during the Construction Phase. 3.22.2. CMR shall not, without specific written approval in advance from the Judicial Council in the form of an Amendment to this Contract, subcontract or in any manner cause work to be done by any entity in 3.22.3. If CMR requests and the Judicial Council approves that the CMR can submit a proposal to self- perform construction work, then the following process shall be followed: 3.22.3.1. CMR shall request the Judicial Council’s approval for the CMR to submit a proposal to self- perform specific construction work prior to requesting bid packages from Subcontractors. If the Judicial Council approves the request, the next steps shall be required. 3.22.3.2. All construction work self-performed by the CMR shall be subject to the terms and conditions of this Contract. 3.22.3.3. The CMR shall submit its bid to the Judicial Council for the authorized bid package(s) prior to receiving bids from any Subcontractor. 3.22.3.4. The CMR shall evaluate the bids of Subcontractors and provide the Judicial Council with (1) copies of ALL Subcontractors’ proposals for bid package(s) for which CMR is also proposing and (2) CMR’s recommendation of the lowest cost responsive proposals. 3.22.3.5. The Judicial Council shall then evaluate the proposal submitted by the CMR for the authorized bid package(s) and compare those to the recommended Subcontractor proposal(s), and shall either direct the CMR to award the bid package(s) to the Subcontractor(s) or shall approve the CMR’s performance of those bid package(s). 3.22.3.6. Any deviation from this process must be pre-approved by the Director. 3.22.4. Notwithstanding the above, the Parties agree that CMR may self-perform the concrete construction work, however, at the time of formalizing the GMP and prior to commencing with the construction of the Project, the Parties must agree upon a price to compensate CMR for that work, which approval the Judicial Council may withhold in its reasonable discretion. In determining the amount that CMR will be compensated for the concrete construction work, CMR must provide evidence that the price that CMR proposes for the concrete construction work is a fair, equitable and competitive price.

Self Performance. 3.22.1. CMR shall not, without specific written approval in advance from the Judicial Council in the form of an Amendment to this Contract, self-perform any construction work during the Construction Phase. 3.22.2. CMR shall not, without specific written approval in advance from the Judicial Council in the form of an Amendment to this Contract, subcontract or in any manner cause work to be done by any entity inin which the CMR, its parent or associate companies, or any of CMR’s owned or controlled subsidiaries have a financial or other business interest. 3.22.3. If CMR requests and the Judicial Council approves that the CMR can submit a proposal to self- perform construction work, then the following process shall be followed: 3.22.3.1. CMR shall request the Judicial Council’s approval for the CMR to submit a proposal to self- perform specific construction work prior to requesting bid packages from Subcontractors. If the Judicial Council approves the request, the next steps shall be required. 3.22.3.2. All construction work self-performed by the CMR shall be subject to the terms and conditions of this Contract. 3.22.3.3. The CMR shall submit its bid to the Judicial Council for the authorized bid package(s) prior to receiving bids from any Subcontractor. 3.22.3.4. The CMR shall evaluate the bids of Subcontractors and provide the Judicial Council with (1) copies of ALL Subcontractors’ proposals for bid package(s) for which CMR is also proposing and (2) CMR’s recommendation of the lowest cost responsive proposals. 3.22.3.5. The Judicial Council shall then evaluate the proposal submitted by the CMR for the authorized bid package(s) and compare those to the recommended Subcontractor proposal(s), and shall either direct the CMR to award the bid package(s) to the Subcontractor(s) or shall approve the CMR’s performance of those bid package(s). 3.22.3.6. Any deviation from this process must be pre-approved by the Director. 3.22.4. Notwithstanding the above, the Parties agree that CMR may self-perform the concrete construction work, however, at the time of formalizing the GMP and prior to commencing with the construction of the Project, the Parties must agree upon a price to compensate CMR for that work, which approval the Judicial Council may withhold in its reasonable discretion. In determining the amount that CMR will be compensated for the concrete construction work, CMR must provide evidence that the price that CMR proposes for the concrete construction work is a fair, equitable and competitive price.