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Home My WebLink AboutRetaining Wall Construction and Maintenance Agreement Proj No 122-040B- HDJ Investments LLC ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 17, 2024 Mr. Hal Katz Mr. Rick Ruszkowski HDJ Investments, LLC R Squared Enterprises LLC 1571 Crabtree Lane 52565 Quincy Street Deerfield, IL 60015 Granger, IN 46530 hjkatz@hotmail.com rick_finnies@att.net RE: Retaining Wall Construction and Maintenance Agreement Dear Mr. Katz and Mr. Ruszkowski: At its December 17, 2024 meeting, the Board of Public Works approved the above referenced agreement to construct a retaining wall as part of the South Bend Ave. and Hill St. project to resolve the grade difference between the property and the public right of way. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh -1- RETAINING WALL AND MAINTENANCE CONSTRUCTION AGREEMENT THIS RETAINING WALL CONSTRUCTION AND MAINTENANCE AGREEMENT (“Agreement”) is entered into on this 17th day of December 2024, by the City of South Bend, Indiana, acting through its Board of Public Works (“City”), HDJ Investments, LLC, an Illinois Limited Liability Company with an address of 1571 Crabtree Lane, Deerfield, IL 60015 (the “Owner”), and R Squared Enterprises LLC, an Indiana Limited Liability Company with an address of 52565 Quincy Street, Granger, IN 46530 (the “Buyer”). WHEREAS, the City holds title to the public right of way (R.O.W.) along South Bend Avenue, and desires to make improvements as set forth in Exhibit A (“Project Area”), which is attached hereto and incorporated herein by reference; and WHEREAS, Owner’s property is located within and immediately adjacent to the Project Area with street addresses of 619 and 627 South Bend Avenue (collectively the “Private Property”) within the City; and WHEREAS, the Buyer has a land contract on the Private Property; and WHEREAS, the City desires to make improvements in its R.O.W. which impacts the Private Property by resolving a grade differential between the Private Property and the R.O.W.; and NOW, THEREFORE, for and in consideration of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: -2- 1. City agrees to construct a retaining wall along the frontage of and completely within the Private Property as shown in Exhibit A. The City will perform this work in accordance with Indiana Code 36-1-12 et. al. 2. The retaining wall shall be property of the Owner, and all future maintenance of the retaining wall shall be the responsibility of the Owner and Buyer, their successors, and assigns, in perpetuity after it is constructed. 3. City reserves the right to terminate this Agreement in its sole discretion. Should the City terminate this Agreement, it shall be the Owner and Buyer’s sole responsibility to resolve the grade difference on the Private Property in a manner consistent with all applicable City ordinances and design and construction standards no later than April 25, 2025. 4. The Owner and Buyer agree and undertake to indemnify and hold City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys’ fees, which City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of this Agreement. If any action is brought against City or its respective agents, employees, successors, or assigns, in connection with this Agreement, the Owner and Buyer agree to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 5. This Agreement may not be assigned by the Owner or Buyer without the express written consent of City which such consent may be withheld for any reason. Any violation of this limitation shall terminate this Agreement and forfeit the Owner and Buyer’s rights under this Agreement. -3- 6. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 7. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 8. The person signing on behalf of the Owner represents that he/she has been duly authorized to execute this Agreement on behalf of the Owner. 9. The person signing on behalf of the Buyer represents that he/she has been duly authorized to execute this Agreement on behalf of the Buyer. *** Signature Page Follows *** -4- IN WITNESS WHEREOF, City and the Owner, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. Date: _________________________ HDJ INVESTMENTS, LLC ______________________________ Hal Katz Its Manager R SQUARED ENTERPRISES LLC __________________________ Rick Ruszkowski Its Manager December 2, 2024 December 17, 2024 -5- EXHIBIT “A”: PROJECT AREA IMPROVEMENTS L P L P C B C S L P H H L P L P L P LPHHLPLPLP74D 5 2 74D 1 74D TYP.PROJECT:DATE: SHEET NO. ACI JOB # DRAWN BY: DESIGNED BY: PM REVIEW: SEAL: SIGNATURE: SCALE: HORZ: VERT:SHEET TITLE:of QA/QC REVIEW: DATE:315 W. Jefferson Blvd.South Bend, IN 46601T 574.232.8700F 574.251.4440abonmarche.comABONMARCHECOPYRIGHT 2020 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture· Land SurveyingBenton HarborGoshenGrand HavenHobartGrand RapidsLafayetteKalamazoo/PortageSouth BendFort WayneValparaisoDOWNTOWN SOUTH BENDTO NOTRE DAME TRAILHILL STREET AND SOUTH BEND AVENUECITY PROJECT NO. 122-040BPLAN AND PROFILESOUTH BEND AVENUESTA. 184+00 TO STA. 187+50KRV APH CAK SFL 11/7/2024 1"=20' 1"=5' 23-1310 9174C 74D 6 FINAL REVIEW SET3 74D New Modular Block Retaining Wall Provide Clean Cut at Existing Wall Termination Existing Retaining Wall Provide 1 2" Expansion Joint Between New and Exist. Retaining Wall Existing Footing to Remain Below New Retaining Wall Stone Base Modular Top Block Existing Concrete Curb Existing Corner Fence Post to Remain New Fence Post. Connect to Existing Fence Existing Stone Wall to Remain 6"Elev. = Varies T/Ftg Elev. = Varies T/Wall 1'-6"Wall Height Varies2'-6" Max.Crushed Stone Base (INDOT No. 53) 12" Deep. Extend 12" Beyond End of Block Each Way Underdrain to be Placed Along Entire Length of Wall. Provide Weep Holes at 40' O.C. Max Install per Manufacturers Recommendations Crushed Stone/Aggregate Structure Backfill, INDOT No. 8 Stone of Approved Equal, Extend at Least 12" Behind Blocks Modular Bottom Block - 24" 3'-0" Non-Woven Geotextile Fabric Grade Modular Top Block - 24"1'-0"Elev. = Varies T/Ftg Elev. = Varies T/Wall 6"Wall Height Varies3'-6" Max.Crushed Stone Base (INDOT No. 53) 12" Deep. Extend 12" Beyond End of Block Each Way Underdrain to be Placed Along Entire Length of Wall. Provide Weep Holes at 40' O.C. Max Install per Manufacturers Recommendations Crushed Stone/Aggregate Structure Backfill, INDOT No. 8 Stone of Approved Equal, Extend at Least 12" Behind Blocks Modular Bottom Block - 24" 4'-0" Non-Woven Geotextile Fabric Grade Modular Top Block - 24" HMA Pavement, Remove and Replace as Necessary for Wall Installation New Fence Posts to Support Existing Fencing Modular Top Block Existing Fence Post to Remain New Fence Post. Connect to Existing Fence Provide Clean Cut at Existing Wall Termination Existing Retaining Wall Provide 1 2" Expansion Joint Between New and Exist. Retaining Wall 1'-0"Elev. = Varies T/Ftg Elev. = Varies T/Wall 2'-0"Wall Height Varies4'-0" Max.Crushed Stone Base (INDOT No. 53) 12" Deep. Extend 12" Beyond End of Block Each Way Underdrain to be Placed Along Entire Length of Wall. Provide Weep Holes at 40' O.C. Max Install per Manufacturers Recommendations Crushed Stone/Aggregate Structure Backfill, INDOT No. 8 Stone of Approved Equal, Extend at Least 12" Behind Blocks Modular Bottom Block - 24" 4'-0" Non-Woven Geotextile Fabric Modular Middle Block - 24" Grade Modular Top Block - 24" HMA Pavement, Remove and Replace as Necessary for Wall Installation New Fence Posts to Support Existing Fencing Place Solid PVC or HDPE Drain Pipe Through Notched Hole and Grout Pipe in Place Connect to Perforated Wall Drain Notch ±2.5"x5" Hole in Side of a Redi-Rock Block Existing Retaining Wall Termination Scale: 1/2" = 1'-0" 4 74D Existing Retaining Wall Termination Scale: 1/2" = 1'-0" 5 74D PROJECT:DATE: SHEET NO. ACI JOB # DRAWN BY: DESIGNED BY: PM REVIEW: SEAL: SIGNATURE: SCALE: HORZ: VERT:SHEET TITLE:of QA/QC REVIEW: DATE:315 W. Jefferson Blvd.South Bend, IN 46601T 574.232.8700F 574.251.4440abonmarche.comABONMARCHECOPYRIGHT 2020 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture· Land SurveyingBenton HarborGoshenGrand HavenHobartGrand RapidsLafayetteKalamazoo/PortageSouth BendFort WayneValparaisoDOWNTOWN SOUTH BENDTO NOTRE DAME TRAILHILL STREET AND SOUTH BEND AVENUECITY PROJECT NO. 122-040BPLAN AND PROFILESOUTH BEND AVENUESTA. 184+00 TO STA. 187+50KRV APH CAK SFL 11/7/2024 1"=20' 1"=5' 23-1310 9174D Modular Block Retaining Wall Section Scale: 1/2" = 1'-0" 1 74D Modular Block Retaining Wall Section Scale: 1/2" = 1'-0" 2 74D Existing Retaining Wall Termination Scale: 1/2" = 1'-0" 6 74D FINAL REVIEW SETModular Block Retaining Wall Section Scale: 1/2" = 1'-0" 2 74D Wall Drain Weep Detail Scale: 1/2" = 1'-0" 7 74D Bottom Block Top Block Grade Drops Along Back and End of Corner Garden Block Side View Front View Fence or Pedestrian Guard Connection Locations Embedment Post to Bottom of the Top Block Fence or Pedestrian Guard Post Top ViewConnection Option #2 Grout Posts in V-Shaped Opening Between top Blocks Connection Option #1 Core Drill and Grout Post into Top Block of Wall Block in Second Row Down Top Block (Width Per Design) 1'-0" Clr. Min. 6" Min. Bottom Half Block #57 Crushed Stone Footing Bottom BlockMiddle Block Bottom Block Bottom Block 2 112" Min Depth12" Min DepthBottom Block Top Block Grade Drops Along Back and End of Corner Garden Block PROJECT:DATE: SHEET NO. ACI JOB # DRAWN BY: DESIGNED BY: PM REVIEW: SEAL: SIGNATURE: SCALE: HORZ: VERT:SHEET TITLE:of QA/QC REVIEW: DATE:315 W. Jefferson Blvd.South Bend, IN 46601T 574.232.8700F 574.251.4440abonmarche.comABONMARCHECOPYRIGHT 2020 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture· Land SurveyingBenton HarborGoshenGrand HavenHobartGrand RapidsLafayetteKalamazoo/PortageSouth BendFort WayneValparaisoDOWNTOWN SOUTH BENDTO NOTRE DAME TRAILHILL STREET AND SOUTH BEND AVENUECITY PROJECT NO. 122-040BPLAN AND PROFILESOUTH BEND AVENUESTA. 184+00 TO STA. 187+50KRV APH CAK SFL 11/7/2024 1"=20' 1"=5' 23-1310 9174E I.DESIGN BASIS II.OVERVIEW III.MODULAR BLOCK RETAINING WALL Modular Block Retaining Wall Fence Detail Scale: 1/2" = 1'-0" 2 74E Modular Block Retaining Wall End Detail Scale: 1/2" = 1'-0" 3 74E Step Footing Details Scale: 1/2" = 1'-0" 1 74E FINAL REVIEW SETModular Block Retaining Wall End Detail Scale: 1/2" = 1'-0" 4 74E BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 12/6/2024 Name: Charlotte Brach Department of Public Works – Engineering Division BPW Date: 12/17/2024 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Retaining Wall Construction and Maintenance Agreement Ease./Encroach Required Information Company or Vendor Name HDJ Investments, LLC and R Squared Enterprises LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name 627 South Bend Ave Project Number 122-040B (South Bend Ave and Hill Street) Funding Source N/A Account No. PR/PO # N/A Amount N/A Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Agreement with the owner and buyer of 627 South Bend Ave to construct a retaining wall as part of the South Bend Ave and Hill Street project to resolve the grade difference between the property and the public ROW. The wall will be owned and maintained by the property owner. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: