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The City has need for professional consulting services related to design of the water treatment modifications to remove DX. Barr is qualified to perform the required professional consulting services. The City desires to retain Barr for such service, and Barr desires to provide such services for City, all subject to the terms and conditions contained in this Agreement. 6. Consistent with past practice, and in recognition of the unique risks and challenges that these complex design and construction projects raise, the Parties mutually desire to document their understandings in this explicit written Agreement. Because the exact scope of future services is not known at the time of this agreement, the Parties wish to use a master service form of agreement that allows scope to be added with the execution of work orders. 7. Barr will, if requested by the City, continue to provide other consulting advice and professional services on an "as requested" basis outside the explicit terms of this DX related design services agreement. Agreement In consideration of the foregoing and the mutual promises contained in this Agreement, the Parties agree as follows: Section 1: Services 1.1 Professional services provided by Barr (the "Services") under this Agreement shall be provided pursuant to one or more written orders separately approved and signed by City and Barr detailing the Services to be provided (each a "Work Order"). The Services described in any Work Order may be modified in a revised Work Order mutually approved by the Parties. 1.2 This Agreement may be amended only in a writing referring to the specific provision of this Agreement to be changed and signed by the Parties. In case of any conflict between the provisions of a Work Order and the provisions of this Agreement, the provisions of the Work Order shall prevail. Section 2: Term This Agreement shall be in effect from the date of this Agreement and shall continue until terminated pursuant to Section 6. The beginning and ending dates for Services to be performed pursuant to a Work Order shall be subject to the provisions of Section 6. Section 3: Compensation 3.1 City shall compensate Barr for Services and other charges, expenses, and disbursements relating to a Work Order according to Barr's standard published Fee Schedule in effect when Services are performed. A Work Order may set a maximum compensation amount and otherwise specify items of compensation. 3.2 Barr's current Fee Schedule is attached as an Exhibit. Barr will update it's Fee Schedule once per year on a calendar year basis, and will provide the City each new Fee Schedule at least 30 days before it goes into effect. P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 2