HomeMy WebLinkAboutContract 1781 v cm��
Minneapolis
Qty of Lakes December 31,2013
Department of
Public Works
Steven A Kotke,P.E.
City Engineer Kevin Hansen
Director
Public Works Director, City Engineer
35m South 5th Street-Room 2on m
Mivnoupvo,wm�w1s 6373 8 Avenue NE
Office *12 srazmm Columbia Heights, MN 55421
Fax u/x orn'xses
nv mz 673-2157 RE: Amendment No. 2 to Contract No. C'20603
Dear Mr. Hansen:
Please find enclosed one original copy of Amendment Number 2 for your files.
If you have any questions, please feel free to contact our office at 612-673-2418.
Sincerely,
Tina Hebner
OSS U Minneapolis Water
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City Information
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°"dserv'=es
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Affirmative Action Employer
AMENDMENT NO. 2
MINNEAPOLIS-CITY OF COLUMBIA HEIGHTS
WATER AGREEMENT-2004
AMENDMENT TO CONTRACT NO. C-20603
This agreement ia made and entered into as of the /vr'_ day of 2013, by and between the City of
Minneapolis,a Minnesota home rule charter city in Hennepin County, Minnesota, and the City of Columbia Heights,
hereinafter referred tuux"Ci1}o[Columbia Heigbta".
WTTNESSETH:
RECITALS
WHEREAS,the City of Minneapolis operates a municipal water system known au the Minneapolis Water Works
("MYVTV"); and,
WHEREAS,the City of Minneapolis and the City of Columbia Heights have previously entered into an
Agreement for the City to supply water to the City of Columbia Heights to be effective as of the lui day of �
June 2004 entitled "Minneapolis- City of Columbia Bciobta Water /\gu:omoonT;" and, maintained by the
Minneapolis Finance Department ao Agreement^^C-2060];"and,
WHEREAS, The City and Columbia Heights have previously entered into an Amendment#1 as of the 21"day of
March 20|],(Contract Management#C-2Oh03); and,
WHEREAS,the City and the City of Columbia Heights deem i{0oho appropriate to make amendments to that
Agreement asspecified herein.
NOW THEREFORE,it is mutually agreed as follows:
l. That in Section 10`Paragraph D,u second paragraph bo added unfollows:
The published price charged toresidential customers living within the Minneapolis city limits is
expressed osa fixed charge plus uvo|unne charge expressed on udol|oo per hundred cubic feet
(8CF) nnorurod 000auoop{iou basis. The published price may involve urute structure involving
more than u miog|o rate per 8CF` hosed upon season, vo|oouc of water consumed or any other
variable factor that is o:uauuuh|u. The City of Columbia Heights rate will he based on the
percentage of the Minneapolis Inside Residential Rate as determined by the "Cost of Service
Methodology" as domcdhod in this section. For years between the years *bcu vvho\eou/o costs of
service studies are prepared, each intervening-year rate change shall be based onthe monthly cost
obungs to u Minneapolis noaidcn1iu) customer when the City adopts n:1ai1 rates in its omuuu|
budget process. This uoa1 ohu|| be calculated by the percent (%) change year over year for an
inside-city residential customer using u 5/8" meter and 7 billing units of water in o month.
Therefore, the monthly cost for uresidential customer inthe xuno o[the monthly fixed cost for o
5/D" meter and the cost for 7 units of water per month. These rate iocn:uacu will be based on
rounding to the nearest one-hundredth of per cent. The new rate to the City of Columbia
Heights will hc rounded to the nearest cent.
II. That in section 2"Supply of water"paragraph C be added as follows:
(a) The parties understand that Minneapolis is planning to drill groundwater wells so
that it will have the ability to augment or replace all or a portion of its surface
water supply with the water from these groundwater wells. The parties
understand that in the future the City of Minneapolis may be using groundwater
for one of two purposes:
(i) Provide temperature control, hardness control,or supply water to
remedy very short-term interruptions that could occur in the supply from
the river. In these types of instances the groundwater would be used
seamlessly to provide a continuous supply of softened drinking water to
all customers, including customers of the City of Columbia Heights.This
could occur when the groundwater supply reaches a fourth of its
ultimate design capacity.
(ii) Provide a backup supply of water(emergency source)to supplement or
substitute for Minneapolis'own surface water supply. This will occur
when the groundwater supply reaches full design capacity.
(b) The parties understand that Minneapolis intends to keep its operating expenses,
depreciation, and return on capital separate related to water supplied through its
surface water supply and to water supplied through its groundwater supply as
outlined above in subparagraph (a) (i) and in subparagraph (a) (ii).
(c) In the event that Minneapolis should begin using groundwater as described in
subparagraph (a) (i)to substitute for surface water on an occasional basis for
distribution to customers inside and outside of Minneapolis that are part of the
Minneapolis system,then Minneapolis and the City of Columbia Heights shall in
good faith negotiate the parameters of a new cost of service model based on the
prior methodology.These changes in the cost of service study caused by a
planned use of groundwater by Minneapolis shall be effective for the three-year
study period following Minneapolis' implementation of groundwater as a source
of supply pursuant to subparagraph (a) (i).The new cost of service model shall
allow Minneapolis to include costs related to its production of surface water
including groundwater used as specified in subparagraph (a) (i).
(d) The new cost of service model will include the costs of Minneapolis groundwater
being constructed and maintained for use as a backup source of supply pursuant
to subparagraph (a) (ii) from the cost model used to determine the City of
Columbia Heights rates. These changes in the cost of service study caused by
the planned use of groundwater by Minneapolis as a backup source of supply
shall be effective for the three-year study period following Minneapolis'full or
partial implementation of groundwater as a backup source of supply pursuant to
subparagraph (a) (ii).
III. That in Section 10, paragraph D, be amended by deleting the 2°d paragraph and replacing it with
the following two paragraphs:
A cost of service study was completed in 2012 and shall be completed every three (3) years
thereafter. The last basis year used was 2012. For the remainder of the contract, the cost of
service basis years will be 2015, affecting rates starting in 2017; in 2018, affecting rates starting in
2020; and so on until the end of the contract.
For future cost of service studies, the volume used for the base year cost of service calculations
shall be an average of the three years, these three years being the base year and two immediately
preceding prior years. For example, the 2015 cost year will be studied in 2016 and the volumes
used shall be the average volumes for 2013, 2014, and 2015.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day
and year first above written.
WITNESSETH:
CITY OF MINNEAPOLIS CITY 4COBIA HEIGHTS
Printed Name of Department Head
Signature of Department Head By:
City Manager
Approved as to Form:
City A ey/ ssistant City orney
COJ e-, -
Printed Name of Finance Officer/Designee
/d1'5'��,- 4�/-
Signature of Finance Officer/Designee
/-,2,// �--//3
Date
1001 13 am endment2 co I hgts.docx
qF
April 11, 2013
Minneapolis
City of Lakes
Department of
Public Works
Steven AKotkr.,P.E. Kevin Hansen
City Engineer Public Works Director, City Engineer
Director
350 Sc.ith 5th Street—Room 203 City of Columbia Heights
Minneapolis MN 55415 6373 8th Avenue NE
Office 612 673-3000 Columbia Heights, MN 55421
Fax 612 673-3565
TTY 612 6-,3-2157
RE: Water Agreement—2004 Amendment to contract No. C-20603
Dear Mr. Hansen:
Please find enclosed two fully executed copies of the water amendment contract with the
City of Minneapolis.
If you have any questions please feel free to contact me at 612-673-2418.
Sincerely,
(Zz't� r
9-t4v�
Bernie R. Bullert
Director Water Treatment& Distribution Services
City of Minneapolis
RECI
AIR 15 M3
PUBLIC WORKO
city Information Kevinhansencol.hgtscontractaprilll.docx
and Services
www.d.minneapolis.mn.us
Affirmative Action Employer
AMENDMENT NUMBER 1
MINNEAPOLIS—CITY OF COLUMBIA HEIGHTS
WATER AGREEMENT—2004
AMENDMENT TO CONTRACT NO. C-20603
This agreement is made and entered into as of the Q I a-day of e 6 • , 9 0,13 , by
and between the City of Minneapolis, a Minnesota home rule charter city 44 ennepin
County, Minnesota(City)and the City of Columbia Heights, a Minnesota Municipal
Corporation(Columbia Heights)
WITNESSETH:
RECITALS
Whereas,the City of Minneapolis operates a municipal water system known as the
Minneapolis Public Works—Division of Water Treatment and Distribution Services; and,
Whereas,the City of Minneapolis and the City of Columbia Heights have previously
entered, into an Agreement for the City to supply water to the City of Columbia Heights to
be effective the 1St day of June 2004 entitled"Minneapolis—City of Columbia Heights
Water Agreement; and
WHEREAS,the City of Minneapolis and the City of Columbia Heights deem it
appropriate to make amendments to that agreement as specified herein.
Now THEREFORE, it is mutually agreed as follows:
That Section 4 Measurement is amended to read as follows:
The water delivered pursuant to this Agreement shall be measured by meters to be
furnished and maintained by the City of Minneapolis at its own cost and expense at
existing locations. Such meters shall be subject to periodic inspection and testing by the
City of Minneapolis according to American Water Works Association(AWWA) Standards
for frequency of testing, accuracy and tolerances of such meters. The cost of testing shall
be paid by the City of Minneapolis.
That Section 9 Indemnification by Minneapolis is amended to read as follows:
Indemnification by Minneapolis
Minneapolis agrees to indemnify and save City of Columbia Heights harmless for any and
all claims based on the quality of the water supplied to City of Columbia Heights by
Minneapolis, as described in Section 8 of this Agreement, which arise or may result from
Minneapolis' operations or the actions or neglect of Minneapolis' officers,employees or
agents pursuant to this Agreement, or from the use, installation, maintenance, and repair of
Minneapolis facilities, inside or outside of Minneapolis or the reading of City of
Minneapolis' master meters by Minneapolis personnel,and will assume the defense of any
actions arising therefrom in which City of Columbia Heights is made a party defendant.
City of Columbia Heights shall give Minneapolis prompt notice of such action. The
forgoing indemnification, and any liability assumed by Minneapolis as a result thereof,
shall be subject to the limits of liability and other provisions set forth in Minnesota
Statutes, Chap.466.
BE IT FURTHER RESOLVED, That the existing meters for Columbia Heights shall
become the property of the City of Minneapolis and this amendment shall be effective
January 1,2013.
INT WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
the day and year first above written.
WITNES SETH
City of Minneapolis City of Colu .' ' Heights
Department Responsible for
Administering this Agreement
Department of Public Vvorks ITS_ Mayor
Department Director By:— City , nager
Approved as to Form: ITS:
Assistan A niev 0
Finance Officer/Designee
Date
City Council Agenda 3/29/13 09:30 AM- City of Minneapolis Page 4 of 7
the project. (9 votes)
Action Taken: Approved.
4. Oak Lake Ave N and 10th Ave N Street.Resurfacing Project:
a) Passage of Resolution ordering the work to proceed and adopting special assessments for the project; and
b) Passage of Resolution requesting the Board of Estimate and Taxation to issue and sell assessment bonds for
the project. (9 votes)
Action Taken: Approved.
5. Capital Budget Amendment:
Passage of Resolution amending the 2013 Capital Budget by increasing the Water Revenue appropriation by
$1,750,000 to fund three additional capital projects in the Water Treatment and Distribution Services Division.
Action Taken: Approved.
6. Water Contracts:
Authorize amendments to water contracts with the City of Edina, City of Columbia Heights, and the Metropolitan
Airports Commission to change the ownership of the water meters to the City of Minneapolis.
Action Taken: Approved.
7. Special Service District Snow and Ice Removal Contract:
Approve increase to contract with Custom Products and Services by $262,452 for sidewalk snow clearing and ice
control in six Special Service Districts.
Action Taken: Approved.
8. University Ave NE Renovation Cooperative Agreement:
Authorize execution of a Cooperative Agreement with the Minnesota Department of Transportation (MnDOT)for the
City's share of the cost for concrete paving and mill and overlay of parking areas associated with MnDOT's renovation
of University Ave NE, from Central Ave NE to 27th Ave NE.
Action Taken: Approved.
9. Park and Portland Ave Bridges -Cooperative Agreement:
Authorize execution of a Cooperative Agreement with the Minnesota Department of Transportation (MnDOT)for the
City's share of the cost for pedestrian level street lighting, signal work, and decorative railings associated with MnDOT's
rehabilitation of the Park Ave and Portland Ave bridges over 1-94.
Action Taken: Approved.
10. Bids:
a) OP 7756, Accept low responsive bid of Advanced Waterjet Technologies, LLC to furnish a water blaster unit to
:he Public Works Equipment Division;
b) OP 7759, Accept low bid of Commercial Asphalt Company for hot mix asphalt as needed through March 31,
?014;
c) OP 7763, Accept low bid of Fischer Mining, LLC for fine aggregate through March 31, 2014; and
d) OP 7767, Accept single bid of Whipps, Inc. to furnish and deliver stop logs, slide gates, and associated
equipment to the Water Treatment and Distribution Division. Early signature by Mayor requested.
kction Taken: Approved.
T&PW Adjourned Meeting of March 28, 2013
11. Self-Managed Special Service District Policy:
Adopt Self-Managed Special Service District Policy to guide the formation and management of new and existing
ielf-Managed Special Service Districts, with the exception of the Downtown Business Improvement Special Service
)istrict(DID), which is governed by a separate ordinance.
kction Taken: Approved, as amended.
Nays & Means/Budget
N&M/Budget agenda of 312612013
ittp://www.minneapolismn.gov/meetings/council/WCMS 1 P-104510 4/1/2013
MINNEAPOLIS - CITY OF COLUMBIA HEIGHTS WATER AGREEMENT
This Agreemem made and emered into this first (1st) day of June, 2004, by mhd between
the Mim~eapolis Water Works, City of Milmeapolis, a municipal corporation, hereinafter refen'ed
to as "Milmeapolis Water Works" (MWW) and the City of Columbia Heights, hereinafter
referred to as "City of Columbia Heights."
WITNESSETH:
WHEREAS, it is deemed desirous by the Milmeapolis Water Works and the City of
Columbia Heights that the MWW sell, and City of Columbia Heights receive water produced
from the water works system of MWW; and
WHEREAS, the water Wol'ks system of Milmeapolis produces water in qum~tities
sufficient to meet the obligations of this agreement;
NOW, THEREFORE, it is mutually agreed as follows:
1. Sale of Water
The MWW shall sell, furnish and deliver to City of Cokm~bia Heights
water from the water works systems of Mim~eapolis for the use of the City
within its corporate limits of the City of Colulubia Heights for a period of
thirty (30) years in accordance with the terms and conditions hereinafter
provided.
City of Columbia Heights shall only resell water purchased fronl the
MWW to its cmTent and futm-e customers witlfin the City lilnits of
Colmnbia Heights. The City of Columbia Heights shall obtain written
approval from MWW for supply of water to customers outside the City
limits of Colmnbia Heights.
Supply of Water
The MWW will deliver water on demand. "On demm~d" is defined as
supply of water during the entire twenty-four (24) hours of the day. A
mutually agreed withdrawal schedule presently in place may be modified
fi'om time to time by MWW upon notification of the City of Columbia
Heights.
The City of Colmr~bia Heights shall construct, own, operate and maintain
the water distribution system and storage facilities necessary to supply
water to its consmners fi'om the point of delivery.
3. Investment in Facilities
"Point of Delivery" shall be defined as the location where the City of Columbia
Heights com~ects, for pm'poses of receiving water, to the cm'rently existing water
distribution system owned m~d operated by the MWW.
The City of Columbia Heights shall make investments in, and own all facilities
necessary to the metering, transmission, storage, and distribution of water fi'om
the existing points of delivery.
Both MWW and City of Colmr~bia Heights shall follow each other's right of way
ordinances and permitting requirements for work within each City.
4. Measm'ement
The water delivered pursum~t to this Agreement shall be measured by meters to be
furnished and maintained by the City of Cokmabia Heights at its own cost m~d
expense at existing locations. Such meters shall be subject to periodic inspection
m~d testing by the MWW according to the Americm~ Water Works Association
(AWWA) standm'ds for fi'equency of testing, accuracy and tolerances of such
meters. The cost of testing shall be paid by the City of Colmnbia Heights.
5. Maintenance
The City of Columbia Heights shall finance and maintain, at no expense to the
MWW, its entire water system fi'om the point or points of delivery to and within
the City of Columbia Heights.
Reliable records of construction and mail~tenance sufficient to identify the
location of all pm'ts of such system shall be kept, all of which shall be subject to
inspection by the MWW upon one week prior notice.
The City of Colmnbia Heights may review m~y water quality data maintained by
MWW upon one week prior notice.
In the event of operational and water quality problems in the City of Columbia
Heights water system both parties pledge to work cooperatively to resolve them in
a timely mm~ner.
6. Consumer Volume Restrictions
Any restrictions imposed by the MWW upon its own consumers shall be
simnltaneously imposed upon City of Columbia Heights consumers. MWW will
not impose m~y restriction on City of Columbia Heights customers that m'e not
imposed on Mim~eapolis customers except in emergencies.
7. Cancellation or Suspension of Service
The MWW shall have the right to terminate water se~wice to the City of Colmr~bia
Heights for any default or breach of this Agreement by City of Colm~bia Heights,
but no such termination or suspension will be made by the MWW without sixty
(60) days wa'itten notice, excluding Sundays and legal holidays, to City of
Coltm~bia Heights, stating what, in particular, in the Agreement has been alleged
to be violated. The City of Colmnbia Heights shall have a reasonable opportunity
to con'ect any condition wlzich is cited by Mimleapolis as a cause for termination
of water service.
When necessary to make repairs to, or changes in, its lines or system, the MWW
may, without incm'ring any liability therefore, suspend service for such periods as
may be necessary. Fmlher, the MWW shall not incm' any liability for
interruptions in service, which result from inability to secure processing materials,
breakdowul or dmnage to processing, pumping, transmission or distribution
facilities, acts of war, sabotage, work stoppage, labor disruptions or conditions or
circmnstm~ces beyond the authority of the MWW to control.
8. Inde~rmification by City of Colmnbia Heights
Except as to water quality claims for which Mim~eapolis is to indenmify City of
Colmnbia Heights pm'surest to Section 9 below, City of Colmnbia Heights agrees
to indenmify m~d save Mim~eapolis harmless from m~y and all claims or demands
for dmnages arising out of City of Columbia Heights's operations or the actions or
neglect of City of Colmnbia Height's officers, employees or agents, relating to the
transport, use or disposal of water supplied pursum~t to this Agreement, or from
the use, installation, maintenm~ce, m~d repair of City of Columbia Heights
facilities downstream from the delivery points of water to the City of Columbia
Heights as set forth in this agreement, and will assm~e the defense of m~y actions
arising therefrom in wlfich Mim~eapolis is made pretty defendant; Milmeapolis
shall give City of Columbia Heights prompt notice of m~y such action. The
foregoing indmrnfification, and any liability assumed by City of Colnmbia
Heights as a result thereof, shall be subject to the limits of liability m~d other
provisions set forth in Mimlesota Statutes, Chapter 466.
9. Indmrmification by Mimleapolis
Mimleapolis agrees to inde~mlify m~d save City of Coltm~bia Heights harmless for
any mid all claims based on the quality of the water supplied to City of Columbia
4
Heights by Mim~eapolis, as described in Section 8 of this Agreelnent, which arise
or may result fi'om Mim~eapolis' operations or the actions or neglect of
Mim~eapolis' officers, employees or agents pursuant to this Agreement, or fi'om
the use, installation, maintenm~ce, mhd repair of Mimheapolis facilities inside or
outside of Mim~eapolis or the reading of City of Columbia Heights's master
meters by Mim~eapolis persmmel, and will assmne the defense of any actions
m'ising therefrom in which City of Colmnbia Heights is made a pretty defendant.
City of Columbia Heights shall give Minneapolis prompt notice of such action.
The forgoing indelmfification, and m~y liability assumed by Mim~eapolis as a
result thereof, shall be subject to the limits of liability and other provisions set
forth in Mi~mesota Statutes, Chap. 466.
10. Rates
The rates for water sold by Minneapolis to the City of Columbia Heights shall be
fair, just, reasonable, and equitable. It is also intended that the rates as established
in Section 10E of this Agreement shall be adjusted as necessary to reflect any
extraordinm'y transfers (residual equity or operating trmhsfers done without
receiving or providing services) to or from the Water Works Fund mhd to or from'
the General Ftmd of the City of Mim~eapolis.
Though such transfers are not anticipated or intended, this section will
describe the adjustment of rates which shall occur in those events.
In the event that extraordinary transfers occur either to or fi'om the Mimheapolis
Water Works Fund as described above, the Mim~eapolis Water Works shall notify
the City of Colmnbia Heights of that fact within thirty (30) calendm' days of the
approval of a budget or budget chin:ge that causes such a transfer of monies.
Adjustments to the rate charged to the City of Columbia Heights shall
thereafter be made as follows:
The amount of the Mi~meapolis Water Works revenues trm~sferred to the
Mim~eapolis General Fund, or the amom~t of Mim~eapolis General Ftmd
monies transferred the Mi~meapolis Water Works Fund, whichever may be
applicable, shall first be expressed as a percentage of the "Total Revenue" (as
that term is defined herein) of the approved budget of the Mimueapolis Water
Works in the calendar year of the trm~sfer. "Total Revenue" is defined as all
sources of revenue show2~ on the income m~d expense statement of the
Mim~eapolis Water Works, except muy borrowed funds, m~y bond proceeds,
and m~y special outside ftmds such as federal, state, or county grants, or
similar ftmds.
B. The "Inside Rate" (is the rate charged to Mim~eapolis residential customers)
shall then be adjusted by this calculated percentage, to wit; the "Inside Rate"
shall be adjusted dowa~ward in the case of a trm~sfer of Mim~eapolis Water
Works ftmds to the General Fm~d of the City of Mim~eapolis, for other than
legitimate Water Works expenses, auld it shall be adjusted upward in the case
of the transfer of monies from the City General Fund to the Mim~eapolis
Water Works Budget. This adjustment of the "Inside Rate" shall occur prior
to application of the rate schedule set forth in 10E of tlfis Agreement.
The timing of the adjustment shall be as follows. If the proposed
Mim~eapolis Water Works revenues for the upcoming year are impacted by
extraordinary transfers, the adjustment to the rate charged to the City of
Columbia Heights shall be applied to the upcoming calendar yea2'. In the
event that the trm~sfer of monies occm's with respect to a calendar year that
has already begins, the adjustment to the rate charged to the City of Colmnbia
Heights shall be applied to the following calendar year. The only exception
to this method is if the extraordinary trm~sfer should occur in the final year of
this Agreement. Such a final year extraordinary transfer adjustment shall be
treated as if it occtm'ed on Jmmary 1st of said year, and the monies resulting
from the adjustment shall be paid in full by the appropriate patty by January
31st of the following year. Such payunent shall be interest free if made by the
January 31st due date. If not paid in full by said Jm~uary 31st, interest on the
6
unpaid mnom~t shall also be due at a rate equal to the rate of the five year
United States Treasury Bill as of said January 31 st date.
Ammally, The MWW shall review revenue requirements. This atmual
review may result in a decrease or increase to the Mimleapolis In-City
Customer rates. If the Mim~eapolis In-City Customer rates are modified
by the MWW fi'om the Performa projections, mi adjustment to the rate
charged to the City of Colmnbia Heights shall be applied to the upcoming
calendar year.
A cost of service study will be completed in 2008 and every five (5) years
thereafter to determine rates paid by Columbia Heights in futm'e years.
The monthly billing rates for water sold by the MWW to the City of
Columbia Heights trader this Agreement shall be as follows:
The monthly fixed charges for billing mid collection shall be $100.00 per
month and shall be increased 5% each year starting January 2005.
The water rates (COlmnodity Charges) shall be 57.78 percent of the
Milmeapolis in-city rates. Should Milmeapolis in-city rates chm~ge to
inclining block rates in the futm'e the rates charged to City of Columbia
Heights shall be revised accordingly.
11. Meter Reading and Billing
Meter reading mid billing for services provided under this contract shall be in
accordmlce with current MWW practices as established by the MWW mhd are
subject of change at any time by the MWW. However, payullents for billed
services shall be made by City of Columbia Heights to the MWW on or before the
due date as noted on the bill. Failure of City of Columbia Heights to make such
payments will subject City of Colmnbia Heights to cancellation or suspension of
services as stated in Paragraph 7 of this Agreement.
12. Amendment, Modification, or Waiver
No alnendment, modification, or waiver of any condition, provision, or term of
this Agn'eement shall be valid or of m~y effect unless made in writing, signed by
the pmty or parties to be botmd, or their duly authorized representative, and
specifying with particulm'ity the extent and nature of such amendl~el~t,
modification, or waiver. Any waiver by either pm'ty of any breach or default of
this Agreement shall not impair or prejudice m~y right m'ising fi'om any other
breach or default.
13.
This agreement supercedes all other agreements and understandings between the
City of Columbia Heights and MWW
IN WITNESS WHEREOF, the parties hereto have caused tlfis contract to be executed the
day and yeal' first above written.
CITY OF COLUMBIA HEIGHTS
Cit37M~a~el.
ry Public
Minneso~
City Eng~
By: ~~--" ~:~ -
?,4'heF, Fimmce Officer
Approved as to Form
Assistant City Attorney