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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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