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SECTION 1 – GENERAL MISCELLANEOUS <br />3 <br />Consultants, and others performing work under a contract for the City directly, are required to secure <br />the above permits, yet are exempt from respective application fees. <br />1-5 LIQUIDATED DAMAGES <br />Work that is not completed by the established completion date can be subject to the assessment of <br />liquidated damages in accordance with INDOT Standard Specifications Section 108.09 – Failure to <br />Complete on Time. The liquidated damages assessed will be project specific and noted in the project’s <br />special provisions. If a guarantor chooses to not complete construction, the guarantor will be <br />responsible for damages incurred prior to completion. <br />1-6 QUALIFICATIONS <br />Any contractor performing work within the City of South Bend shall be licensed with the State of <br />Indiana and bonded with the City of South Bend Board of Public Works for the type of work being <br />performed. The City of South Bend reserves the right to request all relevant qualifications and <br />certifications from the contractor, their sub-contractors, and their employees. <br />1-7 R/W OCCUPANCY <br />Right-of-Way Occupancy and Barricade Permits are administered by the City Engineering Office in <br />accordance with Chapter 18, Article 7 of the South Bend Municipal Code. The application permit shall <br />contain an adequate description of the occupied portion of the City's Right-of-Way, including size, location, <br />purpose, and type of structure to be constructed within said Right-of-Way. Chapter 18, Article 7, Section <br />18-60 for additional information, required fees, and procedure for application. More information can be <br />located at the Right-of-Way Permit Office webpage. <br />1-7.1 RIGHT-OF-WAY OCCUPANCY <br />Permit applications are required not less than 48 hours prior to the anticipated occupancy of any portion <br />of the City's Right-of-Way or seven days in advance of an anticipated full closure to roadway traffic. <br />The applicant shall pay fees whenever temporary obstructions exceed typical obstruction allowances <br />that are inherent with construction activities as provided within the code. These fees are also further <br />described in Chapter 18, Article 7, Section 18. <br />1-7.2 TRAFFIC CONTROL <br />A permit application is also required prior to any use, restriction, or excavation within the City's Right- <br />of-Way. This shall also include traffic control which is required for any work that restricts, redirects, <br />or impedes vehicle or pedestrian travel in the Right-of-Way. Proposed restrictions shall have advance <br />construction signage in accordance with IMUTCD and shall be submitted with the permit application <br />for review. Extended Right-of-Way occupancy and traffic control may require a long-term occupancy, <br />which requires approval from the Board of Public Works. <br />1-7.3 PRIVATE ENCROACHMENTS <br />Private improvements - both permanent and temporary (e.g. brick mailboxes, building canopies, <br />signs/banners, awnings, planters, underground utilities, signs, etc.) in the public Right-of-Way are <br />subject to an encroachment permit. These types of improvements require a permit application and <br />approval by the Board of Public Works. These improvements have additional indemnification <br />requirements and when complete shall not impair the free flow of traffic within the Right-of-Way. The