Trenches. 3.7.6.1. Pursuant to Labor Code section 6705, if the Contract Sum exceeds $25,000 and involves the excavation of any trench or trenches five (5) feet or more in depth, the CMR shall, in advance of excavation, promptly submit to the Judicial Council, and/or its Construction Supervisor/Inspector, and a registered civil or structural engineer employed by the Judicial Council or Architect, a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches. 3.7.6.2. If CMR’s shoring plan varies from the Shoring System Standards established by the CalOSHA State of California Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer, but in no case shall the shoring plan be less effective than that required by the CalOSHA State of California Construction Safety Orders. No excavation of any trench or trenches shall be commenced until CMR’s shoring plan has been accepted by the Judicial Council or by the person to whom authority to accept has been delegated by the Judicial Council. 3.7.6.3. Pursuant to Labor Code section 6705, nothing in this Article shall impose tort liability upon the Judicial Council or any of its employees. 3.7.6.4. CMR shall not commence any excavation Work until it has secured all necessary permits including the required CAL OSHA excavation/shoring permit. Any permits shall be prominently displayed at the Site prior to the commencement of any excavation work. 3.7.6.5. Except in an emergency, CMR shall contact the appropriate regional notification center at least two (2) days prior to commencing any excavation if the excavation will be conducted in an area or in a private easement that is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the Judicial Council, and obtain an inquiry identification number from that notification center. No excavation shall be commenced and/or carried out unless an inquiry identification number has been assigned to the CMR or any Subcontractor and the CMR has given the Judicial Council the identification number. Any damages arising from CMR's failure to make appropriate notification shall be at the sole risk and expense of the CMR. Any delays caused by failure to make appropriate notification shall be at the sole risk of the CMR and shall not be considered as a basis for an extension of the Contract Time.
Appears in 3 contracts
Sources: CMR Agreement for Preconstruction and Construction Phase Services, CMR Agreement for Preconstruction and Construction Phase Services, CMR Agreement for Preconstruction and Construction Phase Services