Columbus moves to settle Sunbury Road pavement dispute with Heiberger Paving
An agreement before Columbus City Council resolves damage to pervious pavement at a Sunbury Road municipal facility through an extended maintenance period with no city budget impact.
The City of Columbus is seeking council approval to enter into a settlement agreement with Heiberger Paving, Inc. to resolve a dispute over pavement work at a Columbus Water and Power facility at 7714 Sunbury Road. On April 10, 2025, the city, through Columbus Water and Power, issued a purchase order to Heiberger Paving, Inc. for asphalt sealcoating, crack filling, and patch and repair work.
During performance of the work, testing revealed that pervious pavement located at 7714 Sunbury Road was damaged. Following engineering inspections and discussions, the department and the paving company agreed to resolve the dispute through an extended maintenance security period for a portion of the roller-compacted concrete pavement.
Under the terms, both sides deny liability or fault and agreed to compromise claims to avoid the expense and risk of further negotiation or potential litigation.
According to legislative filings, the agreement will have no fiscal impact on the city budget. Council authorization is required under Columbus City Code Section 335.012 because the estimated value of the settled claims exceeds $20,000.
The ordinance has been submitted for City Council approval to authorize the agreement. Council placed the measure on the consent agenda on Nov. 2, with a final vote scheduled for Nov. 16.
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The City of Columbus is seeking council approval to enter into a settlement agreement with Heiberger Paving, Inc. to resolve a dispute over pavement work at a Columbus Water and Power facility at 7714 Sunbury Road.
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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,
On April 10, 2025, the city, through Columbus Water and Power, issued a purchase order to Heiberger Paving, Inc. for asphalt sealcoating, crack filling, and patch and repair work.
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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
During performance of the work, testing revealed that pervious pavement located at 7714 Sunbury Road was damaged.
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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 engineering inspections and discussions, the department and the paving company agreed to resolve the dispute through an extended maintenance security period for a portion of the roller-compacted concrete pavement.
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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.
Under the terms, both sides deny liability or fault and agreed to compromise claims to avoid the expense and risk of further negotiation or potential litigation.
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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
Under the terms, both sides deny liability or fault and agreed to compromise claims to avoid the expense and risk of further negotiation or potential litigation.
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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
According to legislative filings, the agreement will have no fiscal impact on the city budget.
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FISCAL IMPACT: This ordinance will have no fiscal impact.
Council authorization is required under Columbus City Code Section 335.012 because the estimated value of the settled claims exceeds $20,000.
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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.
The ordinance has been submitted for City Council approval to authorize the agreement.
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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.