Explanation
BACKGROUND
In 2025, the City, through Columbus Water and Power, issued Purchase Order 500723 to Heiberger Paving, Inc. for asphalt sealcoating, crack filling, & patch and repair work pursuant to the City’s Request for Quotation 030027. Upon testing, during performance of the work, pervious pavement located at 7714 Sunbury Road was damaged. The Parties have reached an agreement as to the repair of the damage.
Following subsequent inspection and testing, as well as discussions between Heiberger Paving, Inc. and Columbus Water and Power, as well as their counsel, Heiberger Paving, Inc. and the Department have decided it is in the best interest of the City to resolve their dispute by means of a settlement agreement. Therefore, this Ordinance is being submitted for City Council approval to authorize the City Attorney, on behalf of the Director of Columbus Water and Power, to enter into a settlement agreement with Heiberger Paving, Inc. to resolve the dispute between the Department and Heiberger Paving, Inc. in the form of an extended maintenance security period for a portion of the RCC pavement in question, as well as related terms and conditions. A negotiated draft settlement is attached to this Ordinance.
This Ordinance is being submitted to City Council per Section 335.012 of the Columbus City Codes because the estimated value of the settled claim(s) exceeds $20,000.00.
FISCAL IMPACT: This ordinance will have no fiscal impact.
Title
To authorize the City Attorney, on behalf of the Director of Columbus Water and Power, to enter into a settlement agreement with Heiberger Paving, Inc. for asphalt sealcoating, crack filling, & patch and repair work period and related terms involving pervious pavement located at 7714 Sunbury Road. ($0.00)
Body
WHEREAS, on April 10, 2025, the City, through Columbus Water & Power, issued Purchase Order 500723 to Heiberger Paving, Inc. for Asphalt sealcoating, crack filling, & patch and repair work pursuant to the City’s Request for Quotation 030027; and
WHEREAS, during performance of the Work, pervious pavement located at 7714 Sunbury Road was damaged; and
WHEREAS, the Parties have reached an agreement as to the repair of the damage; and
WHEREAS, it is the intention of the Parties to fully and finally resolve any and all disagreement between them with regard to any and all claims, damages, potential causes of action, and demands related to the damage, and to release any and all claims, damages, potential causes of action, and demands, both known and unknown, which are related to the damage and could be brought, which have arisen or which may arise as a result of any claims, damages, potential causes of action, and demands related to the damage; and
WHEREAS, the Parties acknowledge and understand that nothing in this Agreement is to be construed as an admission of liability on the part of any other party, their respective agents, employees, executors, administrators, successors, assigns, and insurers, and that nothing in this Agreement shall be used as an admission of fault with regards to any and all claims, damages, potential causes of action, and demands related to the damage, or any potential future claims, damages, potential causes of action, and demands related to the damage, and that the Parties expressly deny any liability; and
WHEREAS, the Parties acknowledge that they are entering into this Agreement voluntarily and after consultation with counsel for the purpose of compromising all claims that were alleged or could have been alleged related to the damage and avoiding the risk and additional costs and expenses of further negotiation or potential litigation; and
WHEREAS, it is in the best interest of the City of Columbus to authorize the City Attorney, on behalf of the Director of Columbus Water and Power, to enter into a settlement agreement with Heiberger Paving, Inc. to resolve the Dispute as to the asphalt sealcoating, crack filling, & patch and repair work related matters located at 7714 Sunbury Road; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney, on behalf of the Director of Columbus Water and Power, is hereby authorized to enter into a settlement agreement with Heiberger Paving, Inc. for an extended pavement maintenance security period and related terms and conditions involving 77114 Sunbury Road, in substantially the same form and on substantially the same terms as the agreement and Exhibit A attached to this Ordinance and incorporated herein by reference.
SECTION 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.