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 208.783.5781.

    


    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:
208-682-9018

    


    


    


    


    


    


    


    


    


    


    


    


    


    


    
      
        

      

    

    
      	
              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

                                    


                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

    

    


    


    


    


    Page 3 of
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