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(a) After receipt of an application for a permit to excavate, the Department, within a reasonable time period, shall determine whether an application is complete.
(b) Any application tor an excavation permit for major work that is 30 consecutive calendar days or longer shall include a contractor parking plan. The plan shall include the following along with an explanation to support the request for on- street parking:
(1) Number and total linear feet of on-street parking spaces that would be impacted;
(2) The number and total linear feet of parking spaces on side streets proposed for staging and other construction purposes that would be impacted. The plan shall address the amount and type of equipment placed on streets to be excavated and side streets. The plan also shall propose solutions to stockpiling construction materials in locations other than the proposed permit area in order to minimize impacted street area;
(3) The average number of employees anticipated each day at the work site;
(4) Timeline and phasing of the project, including the duration of each phase, and how it will affect the number and total linear feet of on street parking spaces set aside for the excavation project at each phase;
(5) A proposal to provide the Department with updates in writing, by phone, or an in-person visit regarding any changes to the status of the project, on a regular basis as appropriate, but no later than at the mid-point of the permit term or any extension thereof If the permittee provides updates by phone or in-person visit, the permittee shall provide this same information in writing to the Department within two business days of the phone or in-person communication;
(6) Information about the availability of on-site or nearby parking garages or other off-street parking opportunities in the vicinity. As part of this required information, the applicant shall submit a list of all available public and private parking garages within a 300-foot radius of the project limits and information on whether those garages include carpooling parking spaces. In addition, the applicant shall specify if he/she contacted any off-street parking opportunities and the name and date of such contact;
(7) A proposal concerning opportunities for reducing parking demand in the vicinity of the project site, such as car-pooling, van transportation, transit, or other off-site parking arrangements;
(8) A proposal on how the applicant will make the on-street parking available to the general public if no work is scheduled and/or no equipment or material storage is required on the street(s) or portion thereof by 4:00 pm if project work is complete for the day. The permittee shall include this information in the courtesy notice to property owners required under Section 2.4.20(d) below;
(9) Any other information the Department or other affected City departments, such as the Municipal Transportation Agency, deems valuable tor understanding the impact of the project on the neighborhood and neighborhood parking supply.
(c) Within a reasonable time period in advance of initiating excavation, the Public Utilities Commission and Municipal Transportation Agency shall provide copies of their contractor parking plan tor their major excavation projects that are 30 consecutive calendar days or longer to the Department tor informational purposes only.
(d) The permittee shall mail a courtesy notice within five business days from the start of each phase to all impacted fronting property owners. Said notice shall include information about the number and linear feet of parking spaces that will be impacted and/or removed as well at a 24-hour, 7-day per week contact for the project, including name and telephone number. For purposes of this Subsection, "fronting property owner" shall mean a property owner that owns property along the frontage where on-street parking will be impact and/or removed. If the fronting property owner is a condominium project, the permittee need only mail the notice to the condominium association and the building manager, if one exists, not each individual unit owner.
(e) If there is an emergency excavation as defined in Section 2.4.22 that also will be major work that is 30 consecutive calendar days or longer, the excavator shall submit the contractor parking plan to the Department no later than five business days after initiating the work.
(f) In no case shall a permittee impact 60 or more parking spaces or an area consisting of three block segments, excluding intersections and side streets, at any one time for a single project.
(g) If the application is deemed to be incomplete, the Department promptly shall advise the applicant in a written, electronic, or facsimile communication of the reasons for rejecting the application as incomplete.
(h) If the application is deemed to be complete, the Department, in its discretion, may deny, approve, or conditionally approve the application.
(1) If the application is approved or conditionally approved, the Department shall issue a permit to the applicant. The Department may condition a permit with specified requirements that preserve and maintain the public health, safety, welfare, and convenience. The Department shall inform the permittee of the basis for such requirements.
(2) If the application is denied, the Department shall advise the applicant in a written, electronic, or facsimile communication of the basis for denial.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 163-15
, File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016)
The permit shall specify the location, extent, and method of the excavation, the start date and duration of the excavation, the permittee to whom the permit is issued, and any conditions placed on the permit. The terms and conditions of the permit shall include the application, all information submitted therewith, and all Department orders and regulations applicable to the permit. The Department must approve any and all modifications to the permit.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
Permits shall be void if the excavation has not begun within 30 calendar days of the start date specified in the permit, if the excavation is not prosecuted diligently to its conclusion, or if the excavation, including restoration, has not been completed within the specified duration; provided, however, that the Director, at his or her discretion, may issue extensions to the start date, the duration of excavation, or both upon written request from the permittee. Such written requests must explain why the work could not be commenced on the start date, completed in the approved number of calendar days, or both; shall specify the additional number of calendar days required to complete the work; and shall be accompanied by applicable fees specified in Subarticle IV. All requests to modify the start date of an excavation shall be made at least five (5) calendar days prior to the excavation start date. All requests to modify the duration of the excavation shall be made at least five (5) calendar days prior to the permit expiration date. Any extension that the Director grants may be subject to additional special conditions, including, but not limited to, conditions that ensure timely completion and coordination of the project. The Director shall not grant requests for extensions to the start date after the permitted start date nor shall the Director grant requests for extensions to the duration of the excavation after the permit expiration date.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
The Director, at his or her sole discretion, may allow amendments to the permit, such as to change the method of construction, to advance the start date of the excavation, or modify permit conditions, upon written request from the permittee. Such requests shall explain the basis for the permit amendment and shall be accompanied by applicable fees specified in Subarticle IV. Any amendments that the Director grants may be subject to additional special conditions, including, but not limited to, conditions that ensure timely completion and coordination of the project. The Director shall not grant requests for amendments to the excavation after the permit expiration date.
(Added by Ord. 33-02, File No. 020051, App. 3/28/2002)
The Department shall not issue any permit to excavate in any moratorium street; provided, however, that the Director, in his or her discretion, may grant a waiver for good cause. The Director is specifically authorized to grant a waiver for an excavation that facilitates the deployment of new technology as directed pursuant to official City policy. The Director shall issue his decision on a waiver within a reasonable period after receipt of a written request for a waiver. The Director may place additional conditions on a permit subject to a waiver, including, but not limited to, the charging of additional fees pursuant to Section 2.4.43. The Director's decision regarding a waiver shall be final.
(Added by Ord. 341-98, App. 11/13/98)
Nothing contained in this Article shall be construed to prevent any person from taking any action necessary for the preservation of life or property or for the restoration of interrupted service provided by a municipal or utility excavator when such necessity arises during days or times when the Department is closed. In the event that any person takes any action to excavate or cause to be excavated the public right-of-way pursuant to this Section, such person shall apply for an emergency permit within four hours after the Department's offices are first opened. The applicant for an emergency permit shall submit a written statement of the basis of the emergency action and describe the excavation performed and any work remaining to be performed.
(Added by Ord. 341-98, App. 11/13/98)
Each permit, except one obtained by a municipal excavator, shall incorporate by reference and require the owner and its agent, if any, to comply with the liability, indemnity, insurance, and taxable possessory interest provisions set forth below in this Section; provided, however, that the Director, with the concurrence of the City Controller and City Risk Manager, may modify the indemnity and insurance provisions as they pertain to a particular permit.
(a) Liability Upon Owner and Agent. Each owner and its agent is wholly responsible for the quality of the excavation performed in the public right-of-way and both the owner and agent are jointly and severally liable for all consequences of any condition of such excavation and any facilities installed in the public right-of-way. The issuance of any permit, inspection, repair, or suggestion, approval, or acquiescence of any person affiliated with the Department shall not excuse any owner or agent from such responsibility or liability.
(b) Indemnification, Defense, and Hold Harmless.
(i) Each owner and agent shall agree on its behalf and that of any successor or assign to indemnify, defend, protect, and hold harmless the City, including, without limitation, each of its commissions, departments, officers, agents, and employees (hereinafter in this subsection collectively referred to as "San Francisco") from and against any and all actions, claims, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorneys' fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from:
(1) Any act by, omission by, or negligence of, owner or its agent, contractors, subcontractors, or the officers, agents, or employees such entities, while engaged in the performance of the excavation authorized by the permit, or while in or about the property subject to the permit for any reason connected in any way whatsoever with the performance of the excavation authorized by the permit, or allegedly resulting directly or indirectly from the maintenance or installation of any equipment, facility(ies), or structures authorized under the permit;
(2) Any accident, damage, death, or injury to any contractor or subcontractor, or any officer, agent or employee of either of them, while engaged in the performance of the excavation authorized by the permit, or while in or about the property for any reason connected with the performance of the excavation authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the excavation authorized by the permit;
(3) Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the excavation authorized by the permit from any cause or claims arising at any time; and,
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the excavation site subject to the permit or the environment. As used herein, "hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" when used with respect to hazardous materials shall include any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring, or spilling.
(ii) Upon the request of San Francisco, the owner or its agent, at no cost or expense to San Francisco, must indemnify, defend, and hold harmless San Francisco against any claims, regardless of the alleged negligence of San Francisco or any other party, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Each owner and its agent specifically acknowledges and agrees that it has an immediate and independent obligation to defend San Francisco from any claims which actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to owner or its agent by San Francisco and continues at all times thereafter. In addition, San Francisco shall have a cause of action for indemnity against each owner and its agent for any costs San Francisco may be required to pay as a result of defending or satisfying any claims that arise from or in connection with the permit, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Owner and its agent agree that the indemnification obligations assumed under the permit shall survive expiration of the permit or completion of excavation.
(c) Insurance.
(i) Each owner or its agent shall maintain in full force and effect, throughout the term of the permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Controller and Risk Manager. Policy or policies shall afford insurance covering all operations, vehicles, and employees, as follows:
(1) Workers' Compensation with employers' liability limits not less than $1,000,000 each accident;
(2) Commercial general liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability; personal injury; explosion, collapse, and underground (xcu); products; and completed operations;
(3) Business automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, nonowned, and hired auto coverage, as applicable;
(4) Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed $25,000 each occurrence.
(ii) Said policy or policies shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation or any material change to the Department.
(iii) Should any of the required insurance be provided under a claims-made form, the insured owner or its agent shall maintain such coverage continuously throughout the term of the permit, and, without lapse, for a period of three years beyond the expiration or termination of the permit, to the effect that, should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims-made policies.
(iv) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified above in Subsection (c)(i).
(v) Such insurance shall in no way relieve or decrease owner's and its agent's obligation to indemnify the City under Subsection (b) or any other provision of this Article.
(vi) Certificates of insurance, in the form satisfactory to the Department, evidencing all coverages above, shall be furnished to or maintained on file with the Department before issuance of a permit, with complete copies of policies furnished promptly upon the Department's request.
(vii) Where an owner is self-insured, and such insurance is no less broad and affords no less protection to the City than the requirements specified above in Subsection (c), the Department, in consultation with the City's Controller and Risk Manager, may accept such insurance as satisfying the requirements of Subsection (c). Evidence of such insurance shall be provided in the manner specified in Subsection (c)(vi).
(d) Taxable Possessory Interest. Each owner shall acknowledge on its behalf and that of any successor or assign that its permit incorporates the following statements: The owner of the facility(ies) for which the permit to excavate was obtained recognizes and understands that the permit may create a possessory interest subject to property taxation and that owner may be subject to the payment of property taxes levied on such interest under applicable law. Owner agrees to pay taxes of any kind, including possessory interest taxes, if any, that may be lawfully assessed on owner's interest under the permit to excavate or for use of the public right-of-way and to pay other excises, licenses, taxes, or permit charges or assessments based on owner's usage of the public right-of-way that may be imposed on owner by applicable law. Owner shall pay all of such charges when they become due and before delinquency.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
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