HomeMy WebLinkAbout22-1019 Copenhaver ConstructionCity
of Elgin
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Date: October 17, 2022
To: Rick Kozal, City Manager
From: Eric Weiss, Water Director
Memorandum
Subject: Copenhaver damage to city sewer line — Insurance Property Damage Release
Copenhaver Construction was hired to install backflow preventers in the city's combined sewer
system at three locations. During the construction of the Chicago Street location, Copenhaver
damaged a city trunk sewer line, and performed an 8 foot spot repair of the sewer trunk line pipe,
with the intention of lining a longer portion of the pipe. City staff worked with Copenhaver and
rather than performing further spot lining in only the area of damage, that Copenhaver would be
responsible for 50% of the lining cost of the entire section of sewer line from manhole to
manhole to more appropriately rehabilitate the overall system. This was based on inspection of
the line and the old age of the line,
Enclosed is a Property Damage Release that will need to be signed by you in order to settle this
matter. I have also enclosed the legal review for your information.
Once you have signed this, please forward to Kim Dewis, for witness signature.
Please let me know if you have any questions regarding this matter.
Thanks.
Enclosure
PROPERTY DAMAGE RELEASE
CLAIM # AODOD4279658
RELEASE BY CITY OF ELGIN ("Releasor(s)')
1. RELEASE. For the consideration of TWENTY-SEVEN THOUSAND TWO -HUNDRED SIXTY-ONE 251100
dollars (5 27. 661.25 ),Vwe, and for my/our heirs, representatives, successors, and assigns, hereby release and
forever discharge COPENHAVER CONSTRUCTION INC.
his/her/their/its heirs, executors, administrators, insurers, successors, and assigns (Collectively,'Releasees ), from any
and all claims and/or causes of action arising from or by reason of any and all property damage, foreseen or unforeseen,
known or unknown, which has been or may be sustained by melus arising out of the incident that occurred on
or about January 13, 2022 , at or near HIGHLAND AVE.. CHICAGO ST. & GROVE AVE.
in Ft -raw the State of IL ('the Loss').
2. CLAIMS. The consideration above is specifically applicable to and payable to melus in full and final settlement of any
and all liability claims for any and all damage to any property, real or personal, of mine/ours, whether known or
unknown, foreseen or unforeseen or which may later develop, arising out of the Lass.
3. RIG14T OF CONTRIBUTION and JOINDER. I/we release and discharge Releasees from any right of contribution that
Uwe may have, relative to claims of others that may be brought against melus by reason of the Loss. I/wa will not join
nor attempt to join the Releasees in any capacity, in any action that may be brought against me/us arising out of the
Loss. In the event that any other person or entity joins or attempts tojoin Releasees into any suit, action or proceeding
in which I/we seek compensation for property damage I/we suffered or may suffer as a result of the Loss, Uwe agree to
mark any judgment or award against Releasees satisfied in full, without any further payment by Releasees.
4. LIENS AND EXPENSES. This Release includes any and all present and future liens or claims for subrogation against
the payments to be made according to this Release. I/we agree that 1/we are responsible for the payment of any liens
or charges against the payments to be made hereunder, should any such liens, subrogation claims or claims for
expenses and charges be asserted.
5. NO AAMPStr, F LIABILITY. I unders OU thVdVsettlement is the compromise of a disputed claim, and that
lkql an missi i' R which liability is specificalty d d.
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Sig re of lessor Printed Name of Releasor ate
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Signature of Releasor Printed Name of Releasor Date
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gnreof Witness Printed Name of Witness Date
Signature of Witness Printed Name of Witness Date
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City of Elgin
VIA E-MAIL
Date: October 13, 2022
To: Eric Weiss, P.E., Water Director
From: Michael R. Gehrman, Assistant Corporation Counsel
Subject: Sewer Damage by Copenhaver Construction
Memorandum
The above -captioned release is acceptable as to form. I suggest that you should have the release
signed by the city manager and send the signed release to Chuck Polito at Copenhaver
Construction, 75 Koppie Drive, Gilberts, Illinois 60136.
Pursuant to our conversation, I have informed Mr. Polito to make the check payable to the City of
Elgin, and direct it to the attention of Deb Nawrocki, who I have informed, and who is anticipating
receipt of the check. Also pursuant to our discussion, this is to confirm that it is your opinion that
the payment amount is appropriate and sufficient to the circumstances.
MRG/vlm
Attachment
cc: Christopher J. B Wtv
mail w-attachment)
Approved:
William A. Cogley