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JAN 2 2811 <br />of tom, <br />and grisly <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br />RECEIVED <br />JAN 18 2011 <br />Durango Field Office <br />Division of Reclamation, <br />Mining and Safety <br />THIS AGREEMENT (Agreement) is entered into by and between the <br />LA PLATA WATER CONSERVANCY DISTRICT (the "District") and SKANSKA USA <br />CIVIL WEST ROCKY MOUNTAIN DISTRICT INC. ("Skanska") (collectively the <br />"Parties" or individually as a "Party"). <br />RECITALS <br />A. The District is a quasi-municipal corporation and political subdivision of the State <br />established pursuant to the Water Conservancy Act, § 37-45-101, et seq., C.R.S. (1963). <br />B. Skanska is a construction company organized in the State of Delaware and <br />recognized as a foreign corporation authorized to transact business in Colorado. <br />C. The District has received a Section 404 Permit for the construction of Long <br />Hollow Reservoir that requires the construction of 3.85 acres of wetlands for mitigation <br />("Project") at what is commonly referred to as the Red Mesa Pit, as more fully described on <br />Exhibit A. <br />D. The District desires to retain Skanska to perform construction and earthwork on <br />the Project under the terms and conditions set forth below. <br />AGREEMENT <br />NOW THEREFORE, in consideration of the mutual covenants and agreements contained <br />herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as <br />follows: <br />1. Statement of Work. Skanska shall perform the earth work on the Project as <br />illustrated on the drawing entitled La Plata River Mitigation Site Grading Plan, collectively <br />attached hereto Exhibit B, and construction of certain elements at the Project as illustrated in <br />Exhibit C, attached hereto. Skanska shall complete all work as more fully described on the <br />Scope of Work, attached hereto as Exhibit D and fully incorporated herein ("Work). Further, <br />Skanska specifically agrees to adhere to the General Construction Notes set forth on Exhibit B. <br />2. Time of Performance. <br />a. Skanska shall begin the Work on the Project on or before January 31St, 2011 <br />b. Skanska shall complete the Work on or before April 30th, 2011 ("Contract <br />Completion Date"). <br />e. Progress reports shall be provided by Skanska to the District or its representative <br />Bikis Water Consultants, LLC (Bikis) every week outlining the Work performed to date, a <br />statement as to whether the Work is on schedule, and an estimate of the current cost outstanding <br />on the Project.