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City of New Brighton and Barr Engineering Co. <br />Professional Consulting Services Agreement <br />Master Service Agreement and Work Order Form <br />- Water Treatment Plant 1 Modifications <br />BARR (Barr Project No. 23621176) <br />This Professional Consulting Services Agreement ("Agreement") is made as of the ____ day of <br />_____ 20_, by and between the City of New Brighton, a Minnesota municipal corporation <br />("City") and Barr Engineering Co., a Minnesota corporation ("Barr"), and who are referred to as a <br />"Party" or the "Parties." <br />Recitals <br />1. Since 1981 the City has been dealing with the contamination of its water supply as a result of <br />contamination emanating from the Twin Cities Army Ammunition Plant ("TCAAP"). That <br />contamination resulted in the City filing a lawsuit against the United States Department of Army <br />and other federal defendants ("Army"). That lawsuit was settled in 1988, and that settlement is <br />documented in the Litigation Settlement Agreement ("LitSAG") between the City and the Army. <br />Under the terms of the LitSAG, and subsequent Litigation Settlement Agreement Implementing <br />Agreements ("LitSAGIAs"), the City agreed to its use its existing water supply wells, some new <br />wells, some new pipelines, and a new water treatment facility as the City's primary water <br />supply. Those components of the City's water supply became known as the New Brighton <br />Contaminated Groundwater Recovery System ("NBCGRS"). The water treatment facility removes <br />then -known TCAAP contaminants to non-detectable concentrations. The Army agreed to pay all <br />costs associated with the NBCGRS, and the NBCGRS serves as the Army's official system for <br />control of the contaminated groundwater plume. <br />3. Since 1982 Barr has provided scientific and engineering consulting and related professional <br />services to the City and its legal counsel on a nearly continuous "as -requested" basis to support <br />the City's negotiations and its ongoing relationship with the Army and to address planning, <br />project management, operational assistance, regulatory compliance, monitoring, and other needs <br />of the City. This work was generally performed in the absence of a specific contract. <br />Since 1982 Barr has also provided design services for significant capital improvement projects <br />related to the TCAAP contamination response such as design of wells and well houses, pipelines, <br />and multiple phases of the water treatment facility that has become known as Water Treatment <br />Plant Number 1 ("WTP1"). Those design projects were generally performed under the terms of <br />design contracts between Barr and the City. Those previous contracts have long since expired. <br />4. In 2015 the City was informed of the presence of a previously unknown TCAAP contaminant in <br />the effluent from WTP1. That compound, 1,4 -dioxane ("DX"), is not effectively removed by the <br />technology incorporated in WTP1. Removing DX will require significant modification of, or <br />supplementing of, the City's existing water treatment infrastructure. Those modifications or <br />supplements will require engineering evaluation and design leading to constructed projects. <br />P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial <br />Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 1 <br />