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EX-10.7 14 exh107.htm AMENDMENT #9 TO DEPARTMENT OF ENVIRONMENTAL QUALITY CONTRACT. exh107.htm
Exhibit 10.7
STATE OF IDAHO | ||
[LOGO] | DEPARTMENT OF | |
ENVIRONMENTAL QUALITY | ||
1410 North Hilton * Boise, Idaho 83706 * (208) 373-0502 | C.L. "Butch" Otter, Governor | |
Toni Hardesty, Director |
January 13,2009
United Mine Services Inc.
dba Stewart Contracting Inc
PO Box 1275
Pinehurst ID 83850
RE: DEQ Contract #C567, Amendment #09
Dear Mr. Stewart:
For your records, enclosed is a fully executed original copy of Amendment #09 to the above noted agreement between Stewart Contracting and the Idaho Department of Environmental Quality. This amendment to the agreement extends the contract expiration date and provides for additional funding for the Coeur d'Alene Basin Environmental Remediation Program for the 2009 season.
If you have any questions regarding the scope of work, please contact Project Manager Mark Stromberg at ###-###-####.
Sincerely,
DAVE SANDE
Dave Sande, CPA
Financial Officer
Enclosures
cc: | GC/RF |
SS/SF #C567
Mark Stromberg, DEQ Kellogg Project Office
DEQ Contract Amendment
Contract # C567 | Amendment # 09 | ||||||
Contractor Name United Mine Services Inc. dba Stewart Contracting | |||||||
Tax Identification # 204723524 | 00 | ||||||
Original Contract Effective Date | 07/01/2006 | Original Contract Amount | $1,000,000.00 | ||||
Professional Liability Policy # | 7358907 | Policy Expiration Date | 5/01/2009 | ||||
o | Check indicates Exempt/Government Agency | ||||||
Worker's Compensation Policy # | 620252 | Policy Expiration Date | 07/01/2009 | ||||
If exempt from Worker's Comp, note the reason: | |||||||
o | Check indicates Worker's Compensation paid by DEQ |
This Contract Amendment is entered into by the State of Idaho, Department of Environmental Quality, hereinafter referred to as the DEPARTMENT, and United Mine Services Inc. dba Stewart Contracting hereinafter referred to as the CONTRACTOR.
The additional services/provisions/deliverables are described as follows:
This Amendment extends the contract expiration date and provides funding for continuation of the Coeur d’Alene Basin Environmental Remediation Field Program for the 2009 season. Renewal action is based on Attachment A.
______________________________________________________________________________________
Amended Expiration Date | 12/31/2009 |
The following Attachments are hereby incorporated by reference and made a part of this Agreement:
Contract Amendment/Extension
Appendix A; RFP BPO01692 ; Contractors' corresponding bid,
and/or additional information.
Amount of Amendment | $3,000,000.00 |
Total Contract Amount | $13,760,000.00 |
Fiscal Codes | ||||||||||||
PID | RCDA | OBS | CR02 | CA | 87630 | SubObject | 5170 | WP | 000NP | BE | 00 | % |
000NP | ||||||||||||
000NP | ||||||||||||
000NP |
Amendment Originated by: | Marcia Todd | MT | Date | 12 31 2008 | |
Amendment Approved by: | Dave Sande, CPA, Financial Officer | DS | Date | 12/31/08 |
DEQ Contract Amendment/Extension | Page 1 of 2 |
THIS AGREEMENT is an amendment of the original contract between the Contractor and the Department.
WHEREAS, the Department desires to amend the original contract; and
WHEREAS, the Contractor is legally authorized to enter into this Agreement by power granted by Title 29, Chapter 1 of the Idaho Code; and
WHEREAS, the Contractor has been determined qualified and available to continue the provision of services for the time period covered by this Agreement; and
The parties herby agree that all other provisions of the original contract, with the exception of the amendments as provided herein, shall remain in force during the period covered by this Agreement.
IN WITNESS WHEREOF, the Department and the Contractor have executed this Agreement
CONTRACTOR | STATE OF IDAHO | |||
By: | GREG STEWART | By: | DAVE SANDE | |
Name: | Greg S. Stewart | Name: | Dave Sande, CPA | |
Title: | President | Title: | Financial Officer | |
Department of Environmental Quality | ||||
Date: | 1/6/09 | Date: | 1/13/09 |
Mailing Address:
PO Box 1275
Pinehurst ID 83850
Phone Number: 208 ###-###-####
DEQ Contract Amendment/Extension | Page 2 of 2 |
STATE OF IDAHO | ||
[LOGO] | DEPARTMENT OF | |
ENVIRONMENTAL QUALITY | ||
1410 North Hilton * Boise, Idaho 83706 * (208) 373-0502 | C.L. "Butch" Otter, Governor | |
Toni Hardesty, Director |
December 18,2008
TO: | Greg Stewart | |
Stewart Contracting Inc. | ||
P.O. Box 1275 | ||
Pinehurst ID 83850 | ||
FROM: | Marcia Todd, Grants/Contracts Officer | |
Fiscal Office | ||
Department of Environmental | ||
RE: | Contract Expiration DEQ #C567 |
The current contract with your company for the Coeur d'Alene Basin Property Remediation 2008 Field Program expires December 31, 2008. The Department of Environmental Quality wishes to renew the contract for an additional one (1) year period, as provided for in the contract. The renewal period would be from January 1, 2009 through December 31, 2009.
Renewal action must be based on the following:
| 1. | The unit rates on Attachment A apply. |
| 2. | OPIS fuel base rate of $3.00 per gallon, escalation or reduction calculated as before. |
| 3. | The number of gallons used for all fuel escalation calculations will be 1 gallon. |
| 4. | The fuel change will be adjusted upward and downward from the $3.00 base price. |
| 5. | No bonds will be required |
| 6. | The retention plan (retainage) will be revised in an amendment to this agreement before work can commence. |
| 7. | No work can commence until the DEQ Project Manager gives written Authorization to Proceed. Work completed before the date of that notice will not be paid by IDEQ. |
| 8. | All contract terms, conditions, and amendments remain the same as noted in the original |
contract.
| 9. | Mobilization/Demobilization charges will be at the 2008 rate, unchanged. |
Page 1 of 3
If you agree or disagree to the contract renewal, please circle either YES or NO, sign the document and
return it to:
Department of Environmental Quality | ||||||
ATTN: Marcia Todd | ||||||
1410 N. Hilton | ||||||
Boise, ID 83706 | ||||||
Approval: | YES | or | NO | |||
GREG STEWART | ||||||
Signature | ||||||
Greg S. Stewart | ||||||
Name | ||||||
12/23/08 | ||||||
Date |
Page 2 of 3
Attachment A
Stewart Contracting 2009 Unit Rates
N o. | Pay Item | Unit | 2008 | 2009 |
1 | Mobilization and Demobilization | LS | NA | Unchanged |
2 | Site Control | LS | NA | Unchanged |
3 | Demolition and Removal – existing concrete | SF | $4.11 | $4.23 |
4 | Demolition and Removal – existing retaining walls | LF | $5.23 | $5.39 |
5 | Tree removal - 6 to 12 inch caliper | EA | $80.00 | $82.40 |
6 | Tree Removal > 12-inch | EA | $90.00 | $92.70 |
7 | Stump grinding | EA | $260.00 | $267.80 |
8 | Removal and Disposal Soil or Gravel | CY | $45.77 | $47.14 |
9 | Excavation and fill around trees – < 6 inch caliper | EA | $50.00 | $51.50 |
10 | Excavation and fill around trees – 6 to 12 inch caliper | EA | $50.00 | $51.50 |
11 | Excavation and fill around trees – >12 inch caliper | EA | $50.00 | $51.50 |
12 | Visual barrier fabric | SF | $0.13 | $0.13 |
13 | 6" and 12" soil placement | CY | $49.83 | $51.32 |
14 | 24-inch garden soil placement | CY | $64.11 | $66.03 |
15 | 12-inch Type I and Type II gravel placement | CY | $37.30 | $38.42 |
16 | 6-inch Type I and Type II gravel placement | CY | $40.41 | $41.62 |
17 | Type III gravel & “Avista rock” placement | CY | $43.49 | $44.79 |
18 | Mulch, Bark or Wood Chips | CY | $70.00 | $72.10 |
19 | Landscaping rock – round | CY | $90.00 | $92.70 |
20 | Red or White Landscape Rock | CY | $130.00 | $133.90 |
21 | Concrete Aggregate rock, sand, > 12-inch | CY | $65.00 | $66.95 |
22 | Porch/deck barrier - raised bed | EA | $400.00 | $412.00 |
23 | Porch/deck barrier - lattice barricade | EA | $500.00 | $515.00 |
24 | Sod with Maintenance | SF | $0.85 | $0.88 |
25 | Grass Seeding Manual/Mechanical | SF | $0.30 | $0.31 |
26 | Asphalt – Market Plus 8% | SF | - | - |
FOR INFORMATION ONLY (Items 27- 30, Incidental to Respective Unit Rates)
And Pay Items (31-38)
No. | Pay Item | Unit | 2008 | 2009 |
27 | Water sod/grass seed. | EA | NA | NA |
28 | Warranty - sod/grass seed | EA | NA | NA |
29 | Warranty - plants | EA | NA | NA |
30 | Warranty - drainage | EA | NA | NA |
31 | Additional sod | SF | $0.86 | $0.89 |
32 | Additional manual grass seeding | SF | $0.29 | $0.30 |
33 | Additional mechanical grass seeding | SF | $0.29 | $0.30 |
34 | Miscellaneous equipment – backhoe with operator | HR | $77.6 | $79.96 |
35 | Miscellaneous equipment - skid-steer with operator | HR | $72.45 | $74.62 |
36 | Miscellaneous equipment – truck with driver | HR | $82.50 | $84.98 |
37 | Miscellaneous equipment - extraction help/laborer | HR | $46.58 | $47.98 |
38 | Miscellaneous equipment | HR | $93.15 | $95.94 |
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