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Home My WebLink About944334 STATE OF WYOMING ) ) ss. ) ÜOûG93 MECHANIC'S AND MATERIALMAN'S LIEN COUNTY OF PARK PUBLIC NOTICE is hereby given that Inberg Surveying Company, Inc., a Wyoming corporation, d/b/a Inberg-Miller Engineers, whose address is 124 E. Main Street, Riverton, Wyoming 82501, hereinafter referred to as "Lienor," furnished goods, services, material or labor at the request ofR. P. Shippen Construction, 588 North 450 West, Orem, Utah 84057, which goods, services, material or labor were actually used in improving the following described real estate in the County of Lincoln, State of Wyoming, to-wit: Lots 1,3,4,5,6,7,8 and 9 of Block 4 of Antelope Ridge Subdivision, Phase I, Lincoln County, Wyoming, as described on the official plat filed on August 10, 2007, as instrument no. 932059 of the records of the Lincoln County Clerk. AND Lots 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of Block 3 of Antelope Ridge Subdivision, Lincoln County, Wyoming, as described on the official plat filed on August 10,2007, as instrument no. 932059 of the records ofthe Lincoln County Clerk. AND Lots 1 and 2 of Block 2 of Antelope Ridge Subdivision, Phase 1, Lincoln County, Wyoming, as described on the official plat filed on August 10,2007, as instrument no. 932059 of the records of the Lincoln County Clerk. AND Lots 1,2,3,4,5 and 7 of Block 1 of Antelope Ridge Subdivision, Phase 1, Lincoln County, Wyoming, as described on the official plat filed on August 10, 2007, as instrument no. 932059 of the records of the Lincoln County Clerk. The subj ect property is owned and the lien claim is made against: Antelope Ridge Development, L.L.C. 42 N. 200 E. #3 American Fork, Utah 84003 That the goods, services, material or labor were used to improve said real property and th t Antelope Ridge Development, L.L.C. and R. P. Shippen Construction contracted for service and labor to be done and materials provided for the improvement of the real property. This lien cl im is made against Antelope Ridge Development, L.L.C. in the amount of $11,158.79. Attach d as Exhibit "A" is an itemized listing setting forth and describing the goods, services, materi and labor performed. Also, see Exhibit "C". RECEIVED 12/26/2008 at 12:12 PM RECEIVING # 944334 BOOK: 711 PAGE: 693 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000694 Demand for payment of the same has been made; the above amount remains due and owing; and notice of intent to file this lien was given at least ten (10) days prior to the date of this lien to the owner of said real property, a copy of which is attached hereto as Exhibit "B". Attached hereto as Exhibit "c" are the agreements between the parties. WHEREFORE, Inberg Surveying Company, Inc., a Wyoming corporation, d/b/a Inberg-Miller Engineers, does hereby claim the benefits ofthe laws of the State of Wyoming under Wyoming Statutes §29-2-101, et seq., relative to liens for goods, services, material and labor upon said property for the improvements that the Lienor has made to said real property. DATED this /8 day of December, 2008. INBERG SURVEYING COMPANY, INC., a Wyoming corporation, d/b/a Inberg-Miller Engineers By TIJ ¡¡) ~ . MARY HE N REED, Attorney McCarty, Reed and Earhart, Attorneys at Law, LC P. O. Box 1418 Cody, Wyoming 82414 (307) 587-6291 STATE OF WYOMING ) ) ss. COUNTY OF PARK ) The foregoing instrument was acknowledged before me this ) 8 day of December, 2008, by MARY HELEN REED, Attorney for Inberg Surveying Company, Inc., a Wyoming corporation, d/b/a Inberg-Miller Engineers. WITNESS my hand and official seal. fl{/h)'Y\ 'f/Uf{/£- ~~'~~~~~~;RYPC~~:l( ¡COUNTY OF STATE DF ¡j BIG HORN : WYOMING >} i~:!f..f~~~~.!9.~1..~~.:!~~;!.~Y':!~~~;,;~~~.¡¡ ______.._",.._i> My commission expires: Notary Public d/1-ddû7 Inberg Surveying Co., Inc. 124 E. Main Street Riverton, WY 82501 307-856-8136 R.P. Shippen Construction 588 North 450 West Orem, UT 84057 Customer #: 77810 Statement of Account as of 11-19-08 Transactions 13240 SHIPPEN CONSTRUCTION;R.P. 1324000006 Invoice 1324000007 Invoice 1324000008 Invoice 1324000009 Invoice Contract Total. Statement Total Outstanding Current 31-60 11,158.79 .00 .00 Statement ount Date 06-20-2008 07-25-2008 08-22-2008 09-19-2008 Charges 2,255.36 4,645.40 3,610.29 647.74 OOó695 Page 1 Credi ts 11,158.79 .00 61-90 91-120 4,258.03 4,645.40 EXHIBIT I A: 11,158.79 Over 120 2,255.36 .00 ~ ÒOô696 ~INBERG-MILLER ENGINEERS Corporate Federal 1.0. 83-0220316 Invoice No. 1324000008; 80-Home Subdivision Date: September 19,2008 r I Job No. 13240 GM R. P. Shippen Construction Inc. 588 North 450 West Orem, UT 84057 L -1 All accounls for goods provided or services rendered are payable upon receipt of billing. Those accounts not paid accordingly will be sUbJect 10 a FINANCE CHARGE at a periodic rate of 1 1/2% per month (or a minimum of 50 cenls for balances under $34) which Is en ANNUAL PERCENTAGE RATE of 18% applied to the adjusted balance at the close of the billing cycle. To evold a FINANCE CHARGE pay the full unpaid balance within 30 days from date of Ihis billing. PLEASE PAY FROM THIS iNVOICE Fees per our Amendment No.2 to our Service Agreement and Proposal dated June 25, 2007: Engineering Technician II Engineering Technician I Technician III Vehicle 1.8 hours @ $60/hr 4.1 hours @ $55/hr 0.2 hours @ $50/hr 3.6 hours @ $8/hr 80 miles @ $1.45/mile 7 tests @ $15/ea 3.6 hours @ $101hr $ 108.00 225.50 10.00 28.80 116.00 105.00 36.00 2.64 15.80 Compressive Strength of Concrete Nuclear Gauge Postage Communication Expense TOTAL AMOUNT DUE... $ 647.74 Green River Office Work Authorized By: Bob Shippen Period Covered: August 3, 2008 through August 30, 2008 -=:---== 124 Ell' Mlln SI""I Rlvlrlon, WY 82501 307-8seo3131 3070358-3151 (1Ix) rl.er\on@lnblrg-mllllI.com 1120 Ell' "C· Slroot Cosper, WY 82101 307·577·0808 307-472-4402 (fax) cupor@lnborO-mUlII.com 350 PIIIIIY aoullYlld ChlYlnno, WY 82097 307-135-1827 307-835-2713 I'"xl chIYlnno@lnbor,·mlllor.oom 428 Alln Road POwtll, WY 82435 307·754-7170 307·754·7088 (fur powlll@lnboro·mlllor.com 520 Wllku Drl.l, SU.113 Gr_ RI..., WY 82935 301·871-430. 3070315-4305 (lax) ,,,"nrt."rG/lnbo,,·mlllor..om t (;0\)697 4:ItIÞINBERG-MILLER ENGINEERS Corporate Federal I.D. 83-0220316 Invoice No. 1324000007; 80-Home Subdivision Date: August 22, 2008 I I Job No. 13240 GM R. P. Shippen Construction Inc. 588 North 450 West Orem, UT 84057 L -1 All accounts for goods provided or services rendered are payable upon receipt of billing. Those accounts not paid accordingly will be subject to a FINANCE CHARGE at a periodic rate of 1 1/2% per month (or a minimum of 50 cents for balances under $34) which Is an ANNUAL PERCENTAGE RATE of 18% applied to tha adjusted balance at the close of the billing cycle. To avoid a FINANCE CHARGE pay tha full unpaid balance within 30 days from date of this billing. ==,-,.-----::-:---.....,_... _.~,~.,-.,,"'=..:==----===. PLEASE PAY FROM THIS INVOICE ......--....--..... ".. -- Fees per our Amendment No.2 to our Service Agreement and Proposal dated June 25, 2007: ~l I r I Staff Engineer/Scientist III Engineering Technician II Engineering Technician I Technician III Vehicle 4.5 hours @ $85/hr 5.7 hours @ $60/hr 17.3 hours @ $55/hr 0.3 hours @ $50/hr 22.5 hours @ $8/hr 747 miles @ $1.45/mile 16 molds @ $ 1. 65/ea 33 tests @ $15/ea 4.5 hours @ $1 Olhr $ 382.50 342.00 951.50 15.00 180.00 1,083.15 26.40 495.00 45.00 1.68 88.06 Cylinder Molds and Lids Compressive Strength of Concrete Nuclear Gauge Postage Communication Expense TOTAL AMOUNT DUE... $ 3,610.29 Green River Office Work Authorized By: Bob Shippen Period Covered: July 6, 2008 through August 2, 2008 :-"::-"~=-:::"":-"":'':':':''==-='':':;-'''''''':''''''-:_-~..:.:.-~..- ',.-'..'." =="=='=====.d.L===,~.==~.=.== 124 ea.' Main Strool Rlverton, WY 82501 307·856·8136 307·856-J851 ('ax, rlverton@lnborg....lllor.com /120 ea.t "C· SI.... CliP", WY 82601 307·m·0808 307-472-4402 (fa.) ca.per@lnberg.mlll...com 350 Porsloy Boullyanl Choyonnt, WY 82007 307-635-8827 307-635-2713 (fax) cho)'lMo@lnbtrg.mlllor.com 428 Alan Rood PowllI, WY 82435 307·754-7170 307·754-7088 (f.., powoll@lnbwg.mUlor.com 520 Wllk.. Dr1vo, Sullt 13 Orson _, WY 82135 3070875-43114 307·875-43" (fn) Vrunrlvtr@lnborg.mllllr.com ~INBERG-MILLER f:NGINEERS Corporate Federal 1.0. 83-0220316 Invoice No. 1324000006; 80-Home Subdivision Date: July 25,2008 í I Job No. 13240 GM R. P. Shippen Construction Inc. 588 North 450 West Orem, UT 84057 L ~ All accounts for goods provided or services rendered are payable upon receipt of billing. Those accounts not paid accordingly will be subject to a FINANCE CHARGE at a periodic rate of 1 1{2% per month (or a minimum of 50 cents for balances under $34) which is an ANNUAL PERCENTAGE RATE of 18% applied to the adjusted balance at the close of the billing cycle. To avoid a FINANCE CHARGE pay the full unpaid balance within 30 days from date of this billing. PLEASE PAY FROM THIS INVOICE Fees per our Amendment No.2 to our Service Agreement and Proposal dated June 25,2007: Engineering Technician II Engineering Technician I Technician III Vehicle 3 hours @ $60/hr 25.5 hours @ $55/hr 22.2 hours @ $50/hr 3 days @ $50/day 19.7 hours @ $8/hr 908 miles @ $1.45/mile 28 molds @ $1.65/ea 1 day @ $50/day 11.7 hours @ $10/hr $ 180.00 1,402.50 1,110.00 150.00 157.60 1,316.60 46.20 50.00 11 7.00 2.20 113.30 Cylinder Molds and Lids Nuclear Gauge Postage Communication Expense TOTAL AMOUNT DUE... $ 4,645.40 Green River Office Work Authorized By: Bob Shippen Period Covered: June 8, 2008 through July 5, 2008 124 Eut Main Slr..t River1on, WY 82501 3Q7-856-8136 307-856-3851 (fax) river1on@lnberg-miller.com 1120 Eaa1 "C· S_ Calper, WY 82601 307·577~806 307-472-4402 (fax) calpor@lnberg-mlller.com 350 Pa"ley Boulevard Cheyenne, WY 82007 307-635-6827 307-835-2713 (fax) cheyennll@lnberg-mUler.com 42B Alan Road POW1lU, WY 82435 307·754-7170 307·754-7088 (lax) powell@lnberg-mIUer.com 520 Wilkes Drive, Suite 13 G..... River, WY 82935 307-875-4394 3Q7-875-4395 {laxl g...nrlvw@lnberg-miller.com 4IlDINBERG-MILLER ENGINEERS Corporate Federal 1.0. 83-0220316 00\.:1/699 Invoice No. 1324000005; 80-Home Subdivision Date: June 20, 2008 I I Job No. 13240 GM R. P. Shippen Construction Inc. 588 North 450 West Orem, UT 84057 L -.J All accounts for goods provided or services rendered are payable upon receipt of billing. Those accounts not paid accordingly will be subject to a FINANCE CHARGE at a periodic rate of 1 1/2% per month (or a minimum of 50 cents for balances under $34) which is an ANNUAL PERCENTAGE RATE of 16% applied to the adjusted balance at the close of the billing cycle. To avoid a FINANCE CHARGE pay the full unpaid balance within 30 days from date of this billing. PLEASE PAY FROM THIS INVOICE Fees per our Amendment No.2 to our Service Agreement and Proposal dated June 25,2007: Project Support Engineering Technician II Engineering Technician I Technician III 4-Wheel Drive Vehicle 0.2 hours @ $80/hr 1.4 hours @ $60/hr 7 hours @ $55/hr 14.5 hours @ $50/hr 12.5 hours @ $8/hr 399 miles @ $1.45/mile 4 hours @ $6/hr 142 miles @ $0.85/mile 16.5 hours @ $1 O/hr $ 16.00 84.00 385.00 725.00 100.00 578.55 24.00 120.70 165.00 2.11 55.00 2- Wheel Drive Vehicle Nuclear Gauge Postage Communication Expense TOTAL AMOUNT DUE... $ 2,255.36 Green River Office Work Authorized By: Bob Shippen Period Covered: October 28,2007 through June 7, 2008 124 East Main Street Rlverton. WY 82501 307-856-8136 307-856-3851 (fax, rlverton@fnbarg-mlller.com 1120 East "C" Straet Caepo., WY 82601 307-577.0806 307-4724402 (fax' caspor@lnbe.g-mlller.com 350 Parsley Boulevanl Cheyenne, WY 82007 307..35-6827 307-635-2713 (Iu) cheyenn8@lnbarg-mlllar.com 428 Alen Road Powell, WY 82435 307·754-7170 307-754-7088 (fax) powell@lnbarg-mllle..com 520 Wilkes Drive, Suite 13 Gnan Rive., WY 82935 307-875-4394 307..75-4395 ffax) g...nrlver@lnbarg-mlllor.com NOTICE OF INTENT TO FILE LIEN ~. O~700 CERTIFIED MAIL - RETURN RECEIPT REQUESTED To Owner: Antelope Ridge Development, L.L.c. 42 N. 200 E. #3 American Fork, Utah 84003 PLEASE TAKE NOTICE that Inberg Surveying Company, Inc., a Wyoming corporation, d/b/a Inberg-Miller Engineers, whose address is 124 E. Main Street, Riverton, Wyoming 82501, intends to file a Lien Statement and assert a lien pursuant to the laws of the State of Wyoming, for all amounts owing to it for goods, services, labor, or materials furnished at the request ofR. P. Shippen Construction, 588 North 450 West, Orem, Utah 84057, on the improvement of the following described property situate in the County of Lincoln, State of Wyoming, to-wit: Antelope Ridge Subdivision located in Sections 14 and 15 of the resurvey of Township 21 North, Range 116 West of the Sixth P.M., City of Kemmerer, County of Lincoln, State of Wyoming: Block 1, Lot 3 Block 4, Lot 6 Block 1, Lot P Block 3, Lot 14 Block 4, Lot 7 Block 1, Lot 7 Block 3, Lot 6 Block 3, Lot 8 Block 1, Lot P Block 1, Lot 1 Block 4, Lot 3 Block 1, Lot 5 Block 3, Lot 1 Block 3, Lot 15 Block 3, Lot 12 Block 4, Lot 8 Block 3, Lot 3 Block 3, Lot 13 Block 2, Lot 2 Block 3, Lot 5 Block 4, Lot 9 Block 1, Lot P Block 4, Lot 4 Block 3, Lot 9 Block 2, Lot 1 Block 3, Lot 7 Block 3, Lot 11 Block 3, Lot 4 Block 1, Lot 4 Block 4, Lot 1 Block 3, Lot 10 Block 1, Lot 2 Block 3, Lot 2 Block 4, Lot 5 I EXHIBIT A ~ -I· -- ~~;Ov701. See Exhibit A attached hereto and incorporated herein consisting of one (1) page. The present balance owing for said goods, services, labor, or materials furnished is $11,158.79 plus accruing interest and costs of collection, including attorney's fees, and unless the full amount of said balance is timely received, Inberg Surveying Company, Inc., a Wyoming corporation, d/b/a Inberg-Miller Engineers, shall file its Lien Statement against the above-described property and all improvements thereon as provided by law. Said lien shall be filed no sooner than ten (10) days from the date ofthis Notice. DATED this L day of December, 2008. INBERG SURVEYING COMPANY, INC., a Wyoming corporation, d/b/a Inberg-Miller Engineers Copy by Certified Mail to: R. P. Shippen Construction 588 NorthA50 West Orem, Utah 84057 y.' , // \ .,.....,.........., \\, /,." /' // /. //' ..''-..,..".,..... r. 0 of.'·., 70 "') ~ V tv.' " t:, ,,-J/ " ,-.. c ~ (1) .", ;: " ¡(11::1 JIIJ..w~)t '(II p.JD"I~o >µDd \ \ \ ...-- . .-....--- -'" . ¡;Iii ~Ì)d 'ijC'¡OJ Dog '¡ué.w.DJ "'lr~ ¡ç~ &Ulli!X3 -----.---------------- ,l¡;'lìì:l ,gZ;),lt 'Ç·Lt .~"U ~.~ ~-f I~· ,8L't06 EXHIBIT j A ~ . GJ 1:! .. : ..~ ¡:; . i ",[~ Ñ. ..::r: tTI ...... ~I~ () ~i . ~ w ...... ¡:;t l m ;~ . ~.. &1.' ..' i -0" it. Ii gl ti j...,~ . ~ Oi.~ lIE ··¡..··.1·· .~~~ .í..J: (1' .~ . c..f . Vo..a .o~ z {<' ~.~.æ.: ;;:;-. ~.. .J¡o. ~ '0)_ ~ . IT1 ~ . G) ro .:J ro ..., OJ (þ a. a- '< '." o ~ "'tJ o ." o ..., (1) [) õ ..., @ ." o ~ .W o ;::Þ :¡: [) ..., (1) · Complete items 1, 2, and· 3. Aiso complete Item 4 If Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece. or on the front If space permits. . 1. ArtIcle Addressed to: . I' . N ON DELIVERY o Agent o Addressee C. Date .Of D~9very 3,q', - D. Is dellvØl}' ad ss dlfferøntfrom Item 1? 0 Yes If YES, enter delivery address below: 0 No R. P. Shippen Construction 5a8 North 450 We*t Grem, UT 84057 OOô703 3. Service lÿpe tit Certified Mail 0 Express Mall o Registered 0 Return Receipt· fof Merchandise . o Insured Mall 0 C.O.D. 4, Restricted Delivery? (Extra Fee) 0 Yes 7007 2680 0001 9080 8307 2; Article Nùmber (Transfer from sen ._ PS Form 3811, ~~bruäry 2004 Domestic Return Receipt 102595-o2-M-1540 . SENDER: COMPLETE THIS SECTION I I A. X COMPLETE THIS SECTION ON DELIVERY · COllJplete Items 1 ;2, and 3. Also complete It~m 4 if Restricted Delivery Is desired. · Print your name and address on the reverse sqthát we can return the card to you. · Atta.ch this card to the back of the mail piece. o(o,n the front If space permits. -----,...;...' 1. . Article Addressed to: o Agent o Addressee C. Date of Delivery D. Is delivery address different from Item1? 0 Yes If YES, enter delivery address below: 0 No Antelope Ridge Development, 42 N. 200 E. 113 American Fork, UT 84003 LL 3. Service Type ¡¡J Certified Mall 0" Express Mali o Registered 0 Return Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) . 0 Yes 2. Article Number' ". (TranSferfromsetv/{ 7007 2680 0001 9080 8291 PS Form 3811. February 2004 Domestic Return Receipt r'- D m cO D cO D [f" j 111 \ I I T ( , 1', U:S. Postal Servicem ' ',;,:CERTIFIED MAILTM RECEIPT h. . , '(Domrlstic Mail Only; No Insurance Coverage Provided) OFFICIAL .3 ;t. 70 ~ ' ¡;'J USE Postage $ Certified Fee ,...::¡ D Return Receipt Fee D (Endorsement Required) D Restricted Delivery Fee D (Endorsement Required) cO J] iotal Postage & Fees ru $ !:?7~ ent 0 ~ R. P. Shippen Construction D . ~£¡n-nÀ ___iQ_nn_______.--nn-nu---n.--.n--n-__n---------nn--.--.'.n__._n_. D O/~~·B::·N:.·; 588 North 450 West r'- ëi¡ÿ.siåië;ŽIP;:¡.ö;-~~·:--UT-·-8l;ÖŠ·7m--m---.--.--..-..----.---------- ps Form 3800, August 2006 See Reverse lor InstrucllOns .. _1~2595-0¿-M-1_540 ,...::¡ [f" ru cO D cO D IT" U.S. Postal Servicen, CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . . ,... I , . , OFFICIAL USE Postage $ ~'5 Certified Fee 0l.70 ;;2.;)-0 ,...::¡ D Retum Receipt Fee D (Endorsement Required) D Restricted Delivery Fee· D (Endorsement Required) cO J] Total Postage &. Feee ru $ 5..7 3 ent 0 r'- Antelope Ridge Development, LLC D ~£¡..-f.")..p-iQ--.--..-.-.n---.-.---.------..---...---.-n-.,____.___n___n.n_ .------ D or"/>~·BO:·No~·· 42 N. 200 E. 113 ~ ëitŸ,Siãië;Ž{P+4~~;-i~~~---F~;k~-·-Ü-T·-8-¿-ÖÖ3---n-.---.---..- / PS Form 3800 August 2006 See Reverse for InstructIons · û00704 flDINBERG-MILLER f:.NGINEERS QUALITY SOLUTIONS THROUGH TEAMWORK June 25, 2007 13240-GM'1\ 11 PAGES FAt'XED (801) 765-4674 ORIGINAL MAILED ìv1r. Robert Shippen RP Shippen Construction 588 North 450 West Orem, ill 84057 RE: SERVICE AGREEMENT AND PROPOSAL PROPOSED 80 HOME SUBDIVISION KEMMERER, WYOMING I·~·.) '~\ :(.··~.l TH', if 11lQ ~DD' ; i . .\...,.., .,.-...:1- \'f IC ' \ ..'..: .~ l!d ) \ JUL 1 2 Z007 INBERG-MILLER ENGINEERS .. RlVERTON, WYOMlN.G ._ .' ~-:--i Dear Mr. Shippen: Please find enclosed one original and one copy of our Service Agreement and Proposal for the above-referenced project. Our Proposal is referenced as Appendix A in the Service Agreement. Please have your authorized representative (i.e. corporate officer, manager, public official, property owner) execute both documents. Return the copy to our office and retain the original. We appreciate the opportunity to submit this Service Agreement. If you have any questions regarding these documents, please contact us at (307) 875-4394. Sincerely, INBERG-MIT..LER ENGINEERS ·11;(Æ~1V1~ I ~ Matt G. Moosman, E.I.T. Civil Engineer MGM:kdm\13240\13240-Gtv1P cov ltr Enclosures as stated I EXHIBIT ~/ SA Cover 4-06 124 Ea.t Main Street Ri.erton. 'NY 82501 307-856-8136 307·85&-J8511Iaxl rivltrton@inberg.miller.com 1120 ea.t "C" Stroet Casper, 'NY 82601 307·577·0806 307-472~02 (Iaxl casper@inberg.miller.com 350 Panloy Soulo.ard Choyonne, 'NY 82007 307-835-6827 307-635-2713 (fax) choyonno@lnborq-millor.com 428 Alan Road Powell. 'NY 82435 307·754-7170 307.754-7088110.) powell@lnberg·miller.com 520 Wilko. Drive. Suito 13 GnH!n RI.or. 'NY 82935 307-875-1394 307·675-4395 (faxl grllnrivonælnborg-millor.com 13240-GMP ûOv705 SERVICE AGREEMENT This AGREEMENT, made June 25,2007, by and between Inberg Surveying Company, Inc., dba Inberg-Miller Engineers a Wyoming Corporation, having its principal office located at 124 East Main Street, Riverton, Wyoming 32501, (hereinafter referred to as "IME") and RP Shippen Construction, having :heir princjpal address located at 588 North 450 West. Crem, UT 84057, (hereinafter referred to as "CLlENï"), in consideration of the mutual covenants contained herein, the parties agree as follows: . The CLIENT hereby engages IME and IME hereby agrees to perform the services described in Appendix A, attached hereto, under the terms and conditions hereinafter specified: SECTION 1: 1.1 SECTION 2: 2.1 SECTION 3: 3.1 SECTION 4: 4.1 SECTION 5: 5.1 SECTION 5: 6.1 SECTION 7: 7.1 SECTION 8: 8.1 INDEPENDENT CONSULTANT STATUS Except as may otherwise be noted herein, IME shall serve as an independent consultant to CLIENT and shall have control over and be responsible for the means and methods for providing services under this AGREEMENT. It is specjfically understood that. irrespective of any assignability provisions, IME may retain subcontractors to perform services usually performed by subcontractors and should IME determine it appropriate or necessary to rely on a subcontractor where it is not customary to do so, IME shall obtain prior written approval or subsequent written confirmation from CLIENT. INTEGRATION This AGREEMENT comprises a final and complete repository of understanding between CLIENT and IME. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this AGREEMENT. Each party has advised the other to read this document thoroughly before accepting it. to help assure it accurately conveys meanings and intents. Acceptance of this AGREEMENT as provided for below signifies that each party has read the document thoroughly and has had any questions or concems completely explained by independent counsel and is satisfied. CLIENT and IME agree that modifications to this AGREEMENT shall not be binding unless made in writing and signed by an authorized representative of each party. GOVERNING LAW Unless otherwise provided in an ADDENDUM, the law of the State of Wyoming will govem the validity of this AGREEMENT, its interpretation and performance, and remedies for contract breach or any other claims related to this AGREEMENT. ASSIGNMENT Neither party to this AGREEMENT shall assign its duties and obligations hereunder without the prior written consent of the other party. NOTICES My notice given hereunder shall be deemed served when hand-delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed, or is sent by registered or certified mail to the business address identified above. SEVERABILITY CLIENT and IME have entered into this AGREEMENT of their own free will, to communicate to one another mutual understandings and responsibilities. My element of this AGREEMENT later held to violate the law or regulation shall be deemed void, and all remaining provisions shall continue in force. 6.2 However, CLIENT and IME will in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. STANDARD OF CARE Services pertormed by IME under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicjng in the same locality under similar conditions. No other representation, express or implied. and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise. COMPLIANCE WITH CODES AND STANDARDS IME's professional services shall be consistent with sound engineering practices and shall incorporate those publicly announced federal, state, and local laws, regulations, codes and standards that are applicable at the time IME rendered their services. In the event of a change in laws, regulations, etc., of which IME becomes aware and believes affec:s their work for CLIENT, IME shall inform CLIENT of the change and its impact on work already done or to be done, fees and costs involved, and scheduling. If either CLIENT or IME believes the change requires a renegotiation of this AGREEMENT, both CLIENT and IME agree to bargain promptly and in good faith, to permit IME to continue to meet CLIENTs needs. If a renegotiated contract cannot be agreed to, CLIENT agrees IME has an absolute right to terminate this AGREEMENT. 4/06 INBERG-MILLER ENGINEERS Page 1 ûOö706 13240-GMP SECTION 9: 9.1 9.2 9.3 9.4 9.5 SECTION 10: 10.1 10.2 10.3 SECTION 11: 11.1 11.2 11.3 SECTION 12: 12.1 12.2 12.3 PUBLIC RESPONSIBILITY CLIENT recognizes that he owes a duty of care to the public that requires him to ~form to applicable codes, standards, regulations and ordinances, principally to protect public health and safety. IME likewise owes a duty of care to the public, in that the public, through its professional engineer registration law, has granted to ¡ME an exclusive license to perform functions which require engineering skill and knowiedge, to protect public health and safety. IME will at all times endeavor to perform in a faithful and trustworthy manner and. in this regard, do their best to alert CLIENT to any matter of which IME becomes aware and believes requires CLIENTs immediate attention to help protect public health and safety, or which IME believes requires CLIENT to issue a notice or report to certain public officials, or to otherwise conform with applicable codes, standards, regulations or ordinances. If CLIENT for any reason decides to disregard IME's recommendations in these respects, IME shall employ their best judgment in deciding whether or not he shall notify public officials. CLIENT agrees that such decisions are IME's to make. in light of IME's public responsibilities as IME perceives them and, in any event, IME should not be held liable in any respect for failing to report conditions which were CLIENTs responsibility to report. Accordingly, CLIENT waives any claim against IME, and agrees to defend, indemnify and hold IME harmless from any claim or liability for injury or loss allegedly arising from IME's notifying or not notifying public officials about conditions existing at the project site. Further, CLIENT agrees to compensate ¡ME for any time spent or expenses incurred by IME in defense of any such claim, with such compensation to be based upon IME's prevailing fee schedule and expense reimbursement policy. OWNERSHIP OF INSTRUMENTS OF SERVICE AU reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by IME as instruments of service shall remain the property of IME. IME shall retain these records for a period of 5 (five) years following submission of their report. during which period they will be made available to CLIENT at all reasonable times. If CLIENT wishes IME to retain documents for a longer period of time, CLIENT shall so specify in advance, in writing, and shall pay in a timely manner all charges agreed to for IME's maintenance of such documents beyond the time period otherwise prevailing. CLIENT recognizes that no such documents should be subject to unauthorized reuse, that is, reuse without written authorization of IME to do so. The CLIENT agrees that all documents and other work fumished to the CLIENT or their agents, which is not paid for, will be retumed upon demand and will not be used by the CLIENT for any purp~e whatsoever. IME will retum to the CLIENT within thirty (30) days of completion of the work, all documents provided by the CLIENT. INFORMATION PROVIDED BY OTHERS IME shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide to IME such information as is available to CLIENT. CLIENT recognizes that it is impossible for IME to assure the sufficiency of such information, either because it is impossible to do so, or because of errors or omissions which may have occurred in assembling the information. Accordingly, CLIENT waives any claim against IME, and agrees to defend, indemnify and hold IME harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or inaccuracies in documents or other information provided to IME by CLIENT. Further, CLIENT agrees to compensate IME for any time spent or expenses incurred by IME in defense of any such claim, with such compensation to be based upon IME's prevailing fee schedule and expense reimbursement policy. JOBSITE SAFETY Insofar as jobsite safety is concemed, IME is responsible solely for their own and their employees' activities on the jobsite, but this shall not be construed to relieve CLIENT and/or OWNER or any CJ1struction contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of ¡ME. nor the presence of IME or their employees and subcontractors, shall be construed to imply IME has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the jobsite. CLIENT agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be maòe evident in the CLIENT and/or OWNER's AGREEMENT with the General Contractor. CLIENT also warrants that IME shall be made an additional insured under the General Contractor's general liability insurance policy. 4/06 INBERG-MILLER ENGINEERS Page 2 ûOô707 1324Q-GMP SECTION 13: 13.1 SECTION 14: 14.1 SECTION 15: 15.1 15.2 SECTION 16: 16.1 16.2 SECTION 17: 17.1 17.2 17.3 BIL!..ING AND PAYMENT CLIENT recognizes that time is of the essence with respect to payment of IME's invoices, and that timely payment is a material part of the CCC1sideration of this AGREEMENT. 13.2 CLIENT shall pay IME for services performed in U.S. funds drawn upon U.S. banks and in aCCCfdance with the rates and c,'1arges set forth herein. Invoices will be submitted by IME from time to time but no more frequently than every two weeks, ana shall be due and payable within thirty (30) Céilendar days or invoice date. If CLIENT objects to all or any portion of an invoice, CLIENT shall so notify IME within fourteen (14' calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. 13.3 CLIENT shall pay an additional charge of one-and-one-half (1.5) percent (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by IME more than thirty (30) calendar days from the date of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter shall first be applied to accrued interest and then to the principal unpaid amount Payment of invoices is in no case subject to unilateral discounting or set-offs by CLIENT. 13.4 Application of the percentage rate indicated above as a consequence of CLIENTs late payments does not constitute any willingness on IME's part to finance CLIENT's operation, and no such willingness should be inferred. If CLIENT fails to pay undisputed invoiced amounts within thirty (30) calendar days of the date of the invoice, IME, may at any time, without waiving any other claim against CLIENT and without thereby incurring any liability to CLIENT, suspend this AGREEMENT (as provided for in SECTION 18, SUSPENSION) or terminate this AGREEMENT (as provided for in SECTION 19, TERMINATION). LEGAL RIGHT OF ENTRY CLIENT shall provide for ¡ME's right to enter from time to time property owned by CLIENT and/or other(s) in order for IME to fulfill the scope of services indicated hereunder. CLIENT understands that use of equipment may unavoidably cause some damage to the surface the correction of which is not part of this AGREEMENT. BURIED AND ABOVE-GROUND STRUCTURES AND UTILITIES In the performance of the scope of services indicated hereunder, IME will take reasonable precautions to avoid damaging buried and above-ground structures and utilities. CLIENT agrees to waive any claim against IME, and to defend, indemnify and hold IME harmless for any claim or liability for injury or loss allegedly arising from IME's damaging buried and above-ground structures and utilities that were not called to IME's attention or which were not properly located on plans furnished to IME. CHANGED CONDITIONS CLIENT has relied on IME's judgment in establishing the workscope and fee for this project, given the project's nature and risks. CLIENT shall therefore rely on IME's judgment as to the continued adequacy of this AGREEMENT in light of occurrences or discoveries that were not originally contemplated by or known to IME. Should IME call for contract renegotiation, IME shall identify the changed conditions which in IME's professional judgment make such renegotiation necessary, and IME and CLIENT shall promptly and in good faith enter into renegotiation of this AGREEMENT to help permit IME to continue to meet CLIENTs needs. If renegotiated terms cannot be agreed to, CLIENT agrees that IME has an absolute right to terminate this AGREEMENT. DELAYS In the event that IME'S field or technical work is interrupted due to causes beyond their control, IME shall be canpensated for the labor, equipment and other costs IME incurs in order to maintain their workforce for CLIENT's benefit during the interruption, or - at CLIENT's option - the various costs IME incurs for demobilization and subsequent remobilization. Compensation to IME shall be based upon IME's prevailing fee schedule and expense reimbursement policy. Except for the foregoing provision, neither party shall hold the other responsible for damages or delays in performance caused by acts of God or other circumstances beyond the control of the other party, and which could not reasonably have been anticipated or prevented. For purposes of this AGREEMENT, acts of God and other circumstances include, but are not necessarily limited to, unusual weather, floods, epidemics, war, riots, strikes, lockouts or other industrial disturbances, protest demonstrations, unanticipated site conditions. or inability despite reasonable diiigence to supply personnel, equipment or material to the project Should suc.'1 acts occur, CLIENT and IME shall utilize iheir best efforts to overcome the resulting difficulties and resume conduct of services called for herein as soon as reasonably possible. Delays within the scope of this provision that cumulatively exceed forty-five (45) calendar days shall, at the option of either party, make this AGREEMENT subject to renegotiation or termination. 4/06 INBERG-MlllER ENGINEERS Page 3 SECTION 18: 18.1 18.2 18.3 SECTION 19: 19.1 19.2 SECTION 20: 20.1 SECTION 21: 21.1 SECTION 22: 22.1 SECTION 23: 23.1 eOu70lj l')¿~V-""I'II!"' SUSPENSION Upon seven (7) calendar days' written notice to IME, CLIENT may suspendlME's wori<. If payment of ;ME's invoices is not maintained on a thirty (30) calendar day current basis by CLIENT, ¡ME may by seven (7) calendar days' written notice to CLIENT suspend further wori< until payment is restored to a current basis. Suspension for any reason exceeding forty-five (45) calendar days shall, at ¡ME's option, make this AGREEMENT subject to renegotiation or termination as provided for elsewhere in this AGREEMENT. My suspension shall extend the time schedule for performance in a manner that is satisfactory to both CLIENT and IME, and ¡ME shall be compensated for services performed and charges inc:.Jrred prior to the suspension date, plus suspension charges. Suspension charges may indude. but shail not be limited to, services and costs associated with putting analyses and documents in order, rescheduling and reassigning personnel and/or equipment and issuing necessary or customary notices to appropriate govemment agencies. Compensation to IME shall be based upon IME's prevailing fee schedule and expense reimbursement policy. TERMINATION This AGREEMENT may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. Irrespective of which party shail effect termination or the cause therefore, CLIENT shall within thirty (30) calendar days of termination remunerate IME for services rendered and costs incurred, in accordance with IME's prevailing fee schedule and expense reimbursement policy. Services shall in dude those rendered up to the time of termination as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall in dude those incurred up to the time of termination, as well as those associated with termination and post-termination activities, such as demobilization, decontaminating and/or disposing of equipment, disposal and replacement of contaminated consumables, and soon. INSURANCE IME declares that it and its agents, staff and consultants employed by it is and are protected by wori<er's compensation insurance and that IME has such coverage under public liability and property damage insurance policies which IME deems to be adequate. 20.2 Certificates for ail such policies of insurance shall be provided to CLIENT upon request in writing. Within the limits and conditions of such insurance, IME agrees to indemnify and save CLIENT harmless from and against any loss, damage, or liability arising from any negligent acts by IME, Its agents, staff, and consultants employed by it IME shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. 20.3 IME shail not be responsible for any loss, damage. or liability arising from any acts by CLIENT, its agents, staff, and other consultants employed by it. CONSEQUENTIAL DAMAGES CLIENT shall not be ilable to IME and IME shail not be liable to CLIENT for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the CLIENT or IME, their employees, agents or subcontractors. Consequential damages indude, but are not limited to, loss of use and loss of profit LIMITATION OF LIABILITY The CLIENT agrees to limit IME's liability to the CLIENT and all construction contractors and subcontractors on the project arising from IME's professiOnal acts, errors or omissions, such that the total aggregate liability of IME to all those named shall not exceed $50,000 or IME's total fee for the services rendered on this project, whichever is greater. The CLIENT further agrees to require of the contractcr and their subcontractors an identical limitation of IME's liability for damages suffered by the contractor or subcontractor arising from IME's professiOnal acts, errors or omissions. Neither the contractor nor any of their subcontractors assumes any liability for damages to others which may arise on account of IME's professional acts, errors or omissions. CONFLICTS In the event of a conftict between the main text of this AGREEMENT (Sections 1 through 29, jndusive) and any APPENDIX thereof, provisions of the main text shall govern. In the event of any connict between the AGREEMENT and any ADDENDA thereto. the ADDENDA shall govern. In the event of a connict between any two ADDENDA, the ADDENDA of most recent date shall govem. 4/06 INBERG-MILLER ENGINEERS Page 4 ÒOû709 1324D-GMP SECTION 24: 24.1 24.2 SECTION 25: 25.1 SECTION 26: 26.1 SECTION 27: 27.1 SECTION 28: 28.1 DISPUTE RESOLUTION In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or seWement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attomey's fees, court costs, expert witness fec...s and other documented expenses as well as the value of time spent by the prevailing party and those in their employ in researching the issues in question, discussing matters with attomeys and others, preparing for depositions, responding to interrogatories and so on. The value of time spent and the expenses incurred shall, on IME's part, be computed based upon IME's prevailing fee' schedule and expense reimbursement policy. If any controversy or claim arises out of or relates to this contract, or breach thereof, and if said dispute can not be seWed through negotiation, the parties shall submit to binding arbitration in accordance with the Construction Industry Arbitration Rules of the AAA, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. CURING A BREACH In the event either party believes that the other has committed a material breach of this AGREEMENT, the party maintaining such a belief shall issue a termination notice to the other, identifying the facts as perceived, and both parties shall bargain in good faith to cure the causes for termination as stated in the termination notice. If such a cure can be effected prior to the date by which termination otherwisewoud be effective, both parties shall commit their understanding to writing, and termination shall not become effective. If, in curing an actual or alleged breach, either party shall waive any rights otherwise inuring to him by virtue of this AGREEMENT, such waiver shall not be construed to, in any way, affect future application of the provision involved or any other provision. DEFECTS IN SERVICE CLIENT and CLIENT's personnel, contractors and subcontractors shall promptly report to IME any defects or suspected defects in ¡ME's work, in order that IME may take prompt, effective measures which in IME's opinion will minimize the consequences of a defect in service. PERMITS ANC APPROVALS IME shall assist CLIENT in applying for those permits and approvals typically required by law for projects similar to the one for which IME's services are being engaged. This assistance relates to completing and submitting forms as to the results of certain work included in the scope of services. IME will also provide additional services as requested, these to include conducting special tests, performance of special research studies, preparation of special documentation, development and delivery of testimony, and so on. CLIENT and IME agree to discuss the scope of these additional services and the fees and expenses involved before IME performs them on CLIENT's behalf. PROJECT REPRESENTATIVES CliENT shall fumish representatives who shall make decisions on CLIENT's behalf when requested to do so by IME. The following designated CLIENT representatives shall be available on an on~1I basis as required by ¡ME, and shall be called in the order listed herein. In the event the first-listed representative cannot be contacted, the one listed second shall be called, and so on, until contact is made. Clienfs Contacfs Name Contacfs Telephone Robert Shipoen eN) 801-602-1890 (C) eN) (C) CLIENT warrants that, when any changes affecting this listing are made, CLIENT shall fumish a revised listing to IME. IME's Contacfs Name Contacfs Telephone Glen M. Bobnick. P.E. eN) 307-875-4394 (C) 307-851-4899 eN) 307-875-4394 (C) 307-ê71-1412 Matthew G. Moosman. E.I.T. IME designates Glen M. Bobnick, P.E. as Project Manager, whose address is: Inberg-Miller Engineers 520 Wilkes, Suite 13 Green River, Wyoming 82935 4/06 INBERG-MILLER ENGINEERS Page 5 v'VV I;,LV 13240-GMP SECTION 29: 29.1 TERM OF AGREEMENT The term of this AGREEMENT shall commence on June 25, 2007, and end on December 31, 2007. IME shall not ccmmence work or services under this AGREEMENT untillhe CLIENT executes and delivers a copy of this AGREEMENT to IME. IME: nberg Surveying Company, Inc., ~ 'ñOè~../"'T () () SignallJre: ----LI?. L ~ Print Name: Thomas E. Axthelm, P.E. TiUe: Corporate Secretary Date: June 25, 2007 CLIENT: SignallJre: (.. Print Name: TrUe: Date: INBERG-MILLER ENGINEERS 4/06 Page 6 fI:lIJÞINBERG-MILLER (;Êv~~INEERS QUALITY SOLUTIONS THROUGH TEAMWORK June 25, 2007 13240-Gß¡fP Mr. Robert Shippen RP Shippen Construction 588 North 450 West Orem, UT 84057 RE: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING SERVICES PROPOSED 80 HOrvIE SUBDNISION KEM11ERER, WYOMING Dear Mr. Shippen: Based on your verbal request of June 21, 2007, we are pleased to submit this proposal for perfonning field and/or laboratory construction materials testing services for the above-referenced project. PROJECT DESCRIPTION It is our understanding that the project will consist of construction for a new subdivision located in Kemmerer, Wyoming. This subdivision will have approximately 80 new homes. This new subdivision is on approximately 30 acres. SCOPE OF SERVICES Our scope of services includes, but may not be limited to, testing of compacted soils and portland cement concrete, on an as requested basis. Our scope of services does not include the following: 1. Field or laboratory testing, or engineering consultation services requested by parties other than our client. 2. Field or laboratory re-testing, or engineering consultation services due to non- compliance with project specifications. We will perfonn these services at an additional cost. 3. Transporting of samples to our laboratory, unless we are already on site. Any additional vehicle/travel time to specifically pick up samples will be billed at an additional cost. 124 East Main Slr..t Rlverton. WY £2501 307-ð56-ðIJ6 307-ð56-3851 (fax) riverton@lnberg.miller.com 1120 East "C' Street Casper. WY 82601 307·577·0806 307-472-4402 (f.., cas.er@lnberg-rnlller.com 350 PalO ley Bouleveld Cheyenne. WY 82007 307-63_27 J07-ðJ5-2713 (Iu) cheyenno@lnberg-rniller.com 428 Alan Road Powell. WY 82435 307·754-7170 307·754-7088 {lul powoll@lnberg.mìllor.com 520 Wilkes Drive, Suite 13 Green River. WY 82935 307-875-4394 307 -ð75-4395 (I.., grHnriver@lnborg-mill.r.com (Ov712 Mr. Robert Shippen RP Shippen Construction June 25,2007 Page 2 l3240-GMP ~ Our fee for services perfonned will be charged at our current hourly, unit, and expense rates according to the attached fee schedule. If services in addition to the proposed scope of services appear necessary, we will perfonn such services at additional cost. If this situation arises, we will discuss the additional services with you., and receive your written approval before proceeding. This proposal is valid if accepted by July 15, 2007. PERFORMANCE SCHEDULE Upon receipt of a properly executed copy of our standard Service Agreement, we will be available to perfonn the services described herein at the request of your authorized representative. A minimum of 1 working day's notice is required prior to each day of requested field or laboratory testing; however additional notice may help avoid potential scheduling conflicts during periods of heavy work volume. CLOSURE We appreciate the opportunity to submit this proposal. If you have any questions, please contact us at (307) 875-4394. Sincerely, lNBERG-MJLLER ENGINEERS REVIEWED BY: ~kb.1V1~~~~ Matt G. Mossman, E.LT. Civil Engineer Glen M. Bobnick, P .E. Geotechnical Engineer MGM:GMBkdm:\13240\13240-GMP prp Enclosure: Schedule of Fees & Available Services Construction Materials Testing Proposal 4/06 SCHEDULE OF FEES & AVAILABLE SERVICES EFFECTIVE JÅI~ARY 1,2007 OOû713 PERSON-VEL Professional Engineer/Scientist V... ...... ...... ............ ................ ..... ... ... ............. ...... (Per Hour) .........120.00 Profession2.1 Engineer/Scientist IV ........................................ ......... ...................... (Per Hour) .........110.00 Professional Engineer/Scientist III ....................................................................... (Per Hour) .........1 00.00 Professional Engineer/Scientist II......................................................................... (Per .Hour) ........ ...90.00 Professional Engineer/Scientist I ................................................................ .......... (Per Hour) ...........80.00 Senior Staff Engineer/Scientist II ............. .............. ........ ........... ..... ............ .......... (Per Hour) .. .........90.00 Senior Staff Engineer/Scientist 1..... ................................................ ...................... (Per Hour) ...........80.00 Staff Engineer/Scientist II..................................................................................... (Per Hour) ... ........ 70.00 Staff Engineer/Scientist I ............................................ ................. ......................... (Per Hour) . ..........65 .00 Professional Land Surveyor III ............................................................................. (Per Hour) .........110.00 Professional Land Surveyor II .............................................................................. (Per Hour) .........1 00.00 Professional Land Surveyor 1........ ........ ..... ... ..... ..................................... .......... .... (Per Hour) ....... .;. .90.00 3-Person Survey Crew............. ..................................................... ........................ (Per Hour) .........150.00 2-Person Survey Crew .......................................................................................... (Per Hour) .........110.00 GPS Technician II............................. .... ................................................................ (Per Hour) ...........75.00 GPS Technician I ..........~.......... ............................................................................. (Per Hour) .. .........65 .00 Drilling Manager ........... .......... ...... .............................................. .......... ........... .... (Per Hour) ...........70.00 Proj ect Support .............................................. ....... ............. ........ ............. .............. (Per Hour)........... 60.00 Engineering Technician III .................................................................... ............ ... (per Hour) ...........65.00 Engineering Technician II............... ... ..... ....... ........ ......... ............. ................. ........ (Per Hour) ...........60.00 Engineering Technician I............... ......... ..... ........................... ....... ........ ............ ... (Per Hour) . ..........55.00 Technician III........... ............................... ....... ....... ............ ............ .......... ......... ..... (Per Hour) . ....... ...50.00 Technician II......................................... ....... ..... ................. .................... .... ........... (Per Hour) .......... .45.00 Technician I .... ....................................... .... ..... ...................................................... (per Hour) .......... .40.00 Clerical........................................................... .................. ............. ........ ................ (Per Hour) . ..... .....3 5.00 NOTE: · For all work requiring EPA/OSHA health and safety training and medical monitoring, the above hourly rates will be increased by twenty (20) percent. · All field charges begin at the time of departure and tenninate at the time of return to the point of origin and/or place of lodging while away from the principal office, less time off for the convenience of the personnel. · For all work over 40 hours per week, on weekends, and Holidays, at client's request, or convenience, these hourly rates will be increased by thirty (30) percent to cover direct additional payroll and payroll-related charges incidental to overtime premium pay. · All rates apply to travel time, stand-by time, project management, consultation, and report preparation time, unless noted otherwise. · Inberg-Miller Engineers will prepare an estimated budget for services based upon client's detailed scope of services, if requested. Please be informed that project management and project support costs are a necessary part of any services provided. Final invoiced amounts may vary from estimated amounts depending on variations in scope, time of performance, and/or changes in anticipated conditions. Any items not specifically listed are by quotation. PA YMEi\T IS DUE UPON PRESENTATION OF INVOKE, AND IS PAST DUE 30 DAYS FROM INVOICE DATE. A FINANCE CHARGE OF ONE AND ONE-HALF (11í) PERCENT PER MONTH, OR THE ~IÅXIMl'M RATE ALLOWED BY LAW, WILL BE ASSESSED AGAINST THE UNPAID BALANCE. Client: RP Shippen Construction Date Issued: June 25, 2007 INBERG-MILLER ENGINEERS Page 1 of 3 .- ,...·...71.4 '. 'V/V EOú'lP.WE:\'T 2- Wheel Drive Vehicle ................. .................................................... .............. (per Hour) .................... 6.00 (Per Day) .................... 40.00 (*plus 0.75 Per Mile) 4- Wheel Drive Vehicle..... ............ ...................... .................................... ........ (P er Hour) ........... ......... 8.00 (per Day) .................... 50.00 (*plus 0..90 Per Mile) One-Ton Flat Bed Truck............ ............. .......... ................................ ...... ........ (per Hour) ............. ..... 10.00 (Per Day) .................... 60.00 (*plus 1.10 Per Mile) Drill Rig........................................................ .................................................. (*Per Mile) ................... 2.30 A TV............................................... ............... ............. ........................ ............. (per Day).................. 100.00 Nuclear Gauge................................................ ....................................... ......... (per Hour) .................. 10.00 (Per Day).................... 50.00 Steam Cleaner (Self-Contained) ....................................................... ............. (per Hour) .. ................ 30.00 (per Day).................. 155.00 GroutlMixer Pump.................... ...................................................................... (per Day)..... ............. 200.00 (Per Week) ............... 800.00 GPS System............................................................. ....................................... (Per Hour) .................. 60.00 (per Day).................. 400.00 Total Station........................................... .......................... .............................. (per Hour) .................. 30.00 (per Day)................. 150.00 Hand Held GPS Unit ................................ ............ ..................... ........... .... ...... (Per Hour) ... ....... ......... 5.00 (per Day)................... 25.00 Photoionization Detector (Pill) ...... ........ ....... ....... .............. .................... ........ (Per Hour) .................. 20.00 (per Day).................... 95.00 Triple Range Monitor ............................................................... ........... ........... (per Hour) .............. ...... 5.00 (per Day).................... 25.00 Water LevellProduct Indicator ....................................................................... (per Hour) .................... 7.00 (per Day) .................... 35.00 Laptop............................................... .......... ........................ ....... ........... .......... (per Hour) . ..... ............ 10.00 (per Day).................... 50.00 Computer (Text Only) .......... ......... ............... ........ ................ .......... ............... (Per Hour) ..... .... ........... 6.00 Computer (Computations/Plotting) .................... ......... ........................ .......... (per Hour) ....... ..... ...... 35.00 · Fuel Surcharge: Mileage rate is based on fuel prices as of December, 2006 (Source: wyominggasprices.com). If fuel prices increase over 5% from December, 2006 rates, the percentage of increase will be added to all mileage rates. EXPENSES Additional Hard Copies of Bound Reports (Less Than 100 Pages) ..............(Per Copy).................. 35.00 Electronic Copy of Report (provided in Portable Document Format (pelf) only).................................(Per Copy)................ 200.00 Motel, Meals, Prints, Postage, Equipment Rental, Photocopies, and Other Miscellaneous Supplies ................................................. Direct Expense, Plus 10% Subconsultant Services Secured With Client's Approval.................................... Direct Expense, Plus 15% Communication Expenses ..................... ........................................ ..............2.5% cf Total Project Charges All Other Equipment and Materials Not Listed......................................................................By Quotation INBERG-MILLER ENGINEERS Page 2 of 3 'L ~':'Ov71S C I VI L ENG IN E ERIN G ..................................................................................................................... BY Q UOT A TION · Highway Design . Street Design . Grading and Drainage Design · Solid Waste Planning . Landf1.l1 . Baler and Transfer Station Design and Pennitting · Water System Design . Sanitary Sewer Design . Storm Sewer Design · Irrigation and Drainage Design' Hydrologic and Hydraulic Analysis · Residential and Commercial Subdivision Design · Site Design for Commercial Developments & Schools · Spill Prevention Control and Countermeasure (SPCC) Plans · Mine Pernùtting . Mine Reclamation Design · Construction Contract Administration . Construction Observation G EO T E C H.V I CA L EN G IN E ERIN G.................................................................................................. BY Q UOT A TION FIELD SERVICES · Subsurface Exploration . Contract Drilling . Direct Push Exploration . Rock Coring · Drilling and Sampling (Small, Medium and Large Diameter Test Borings) · Foundation Analysis and Design Recommendations · Earth Dam & Reservoir Design and Reconnaissance . Slope Stability Analysis · Explorations for Roadway, Borrow Sources, and Aggregate Sources on Highway Construction · Monitor Well Installation, Development, Purging, Sampling, and Abandonment · Field Sampling and Testing of Soil, Groundwater, and Air · Ground Water PumpingtDrawdown Tests . Permeability/Density of In-Place Soil LABORATORY SERVICES · Moisture-Density Relations of Soils . Particle Size Analyses· Soil Index Tests · Soil Classification' Strength Tests . Volume Change . California Bearing Ratio Test · Triaxial Shear Strength Tests . Permeability Tests . Corrosivity Tests (Soil) · Analytical Testing of Soil and Ground Water Samples . Packaging and Handling of Samples · Mobile Laboratory CONSTR [JCTTON "-fA TERJALS TESTING AND 0 BSER J<-t.TlON................................................ BY QUOTATION FIELD AND LABORATORY SERVICES · Soils/Aggregates' Portland Cement Concrete and Masonry . Asphalt Concrete E,VVI R 0 NI't1 ElVT.4L E. V G [IV EERI N G............................................................................................... BY QUOTATION · Solid Waste Disposal Design and Permitting · Categorical Exclusions . Phase I, II, and ill Site Assessments . Extent of Contamination Studies · Soil and Groundwater Remediation Systems Design and Implementation · Monitor Well Installation, Development, Purging, Sampling, and Abandonment · Field Sampling and Testing of Soil, Groundwater, and Air · Geologic Cross-Sections . Contaminant Isoconcentration Maps LA IVD SUR VE fIN G .......................................................................................................................... BY Q UOT A TION · PROPERTY SURVEYS: Subdivision Platting and Mapping· Farm/Ranch Surveys Cadastral Surveys . Boundary Retracement · ENGINEERING SURVEYS: Topographic Surveys . Highway, Street, and Road Design Surveys Rive: and Flood Plain Cross-Sections · U7ILITY SURVEYS: Preliminary, Construction, and As-Built Surveys for Cross-Country Pipelines and Power Transmission Lines · CONSTRUCTION SURVEYS: Highways, Utilities, Bridges · MISCELLANEOUS: Mine Reclamation Surveys· Water Rights· Mining Claims INBERG-MILLER ENGINEERS I Paqe 3 of 3 4PIflØÞINBERG-MILLER ENGINEERS QUALITY SOLUTIONS THROUGH TEAMWORK 00iJ71.6 May 21,2008 13240-GM Mr. Robert Shippen RP Shippen Construction 588 North 450 West Orem, UT 84057 RE: AMENDMENT NO.2 TO OUR STANDARD SERVICE AGREEMENT FOR ANTELOPE RIDGE KEMMERER, WYOMING Dear Mr. Shippen: The purpose ofthis Amendment is to amend our Service Agreement dated June 25,2007. SERVICE AGREEMENT SECTION 29.1: TERM OF AGREEMENT The tenn of this AGREEMENT shall be extended commencing on January 1, 2008, and ending on December 31, 2008. IME shall not commence work or services under this AGREEMENT until the CLIENT executes and delivers a copy of this AMENDMENT to IME. PERFO~CESCHEDULE Upon receipt of a properly executed copy of this Amendment, we will be available to continue to perfonn professional services. CLOSURE We appreciate the opportunity to submit this Amendment to our Service Agreement. We have enclosed one original and one copy of this Amendment. If you agree with the provisions of this Amendment, please have your authorized representative execute both documents. Return the copy to our office and retain the original. 124 East Main Street Rlver1on, WY 82501 307-856-8136 307-856-3851 (fax) ri.erton@lnberg-miller.com 1120 East "C' Street Casper, WY 82601 307·577-0806 307-472-4402 (fax) casper@lnberg-mlller.com 350 Parsley Boule.anl Cheyenne, WY 82007 307"3~827 307·635·2713 (fax) cheyenne@lnberg-mlller.com 428 Alan Road Powell, WY 82435 307-754-7170 307·754-7088 (fax) powell@lnberg-mlller,com 520 Wilkes Dri.e, Suite 13 Green River, WY 82935 307·875-4394 307-875-4395 (fax) greenri.er@lnberg-mlller.com Mr. Shippen RP Shippen Construction May 21,2008 Page 2 13240-GM û007:17 If you have any questions regarding this Amendment, please contact us at 307-875-4394. Sincerely, INBERG-MILLER ENGINEERS (f( crfr fY(~ REV1EWED BY: ~ Glen M. Bobnick, P .E. Geotechnical Engineer Matt G. Moosman, E.I.T. Civil Engineer MGM:GMB:bjh\13240 Am 2 Enclosure: Schedule of Fees & Available Services Al\1ENDMENT NO.2 ACCEPTED Inbery;Mill~eers ~ Signature: 7.. Print Name: Thomas E. Axthelm. P.E. Title: Corporate Secretary Date: May 21. 2008 RP Shippen Construction Signature: Print Name: Title: Date: Amend Term 4106 ~0071.8 SCHEDULE OF FEES & A V AILABLE SERVICES EFFECTIVE JULY 1,2007 PERSONNEL Professional Engineer/Scientist VII...................................................................... (per Hour) ........ .140.00 Professional Engineer/Scientist VI ....................................................................... (per Hour)......... 130.00 Professional Engineer/Scientist V........................................................................ (Per Hour)......... 120.00 Professional Engineer/Scientist N ....................................................................... (Per Hour)......... 110.00 Professional Engineer/Scientist III ....................................................................... (per Hour)......... 100.00 Professional Engineer/Scientist II....... .... ............................... ................. ...... ........ (Per Hour)........... 90.00 Professional Engineer/Scientist I...... .................................................................... (Per Hour) ........... 80.00 Professional Land Surveyor III............................................................................. (Per Hour)......... 125.00 Professional Land Surveyor II.............................................................................. (Per Hour)......... 115.00 Professional Land Surveyor I............................................................................... (Per Hour)......... 100.00 Senior Staff Engineer/Scientist II ...... ......................................... .......................... (per Hour) ......... 110.00 Senior Staff Engineer/Scientist I............. ..................................... ........................ (Per Hour) ......... 100.00 Staff Engineer/Scientist IV ................................................................................... (Per Hour) ........... 90.00 Staff Engineer/Scientist III ................................. .................................................. (Per Hour)........... 85.00 Staff Engineer/Scientist II ......... ............. ........................ ........ ...... ............ ............ (Per Hour)........... 80.00 Staff Engineer/Scientist I ...................................................................................... (Per Hour) ........... 70.00 3-Person Survey Crew .......................................................................................... (Per Hour)......... 150.00 2-Person Survey Crew .......................................................................................... (Per Hour)......... 110.00 GPS Technician II ........................ .................................. ...................................... (Per Hour) ........... 85.00 GPS Technician I.......... ..... ..................................... .............................................. (Per Hour) ........... 75.00 Drilling Manager ....... .......................................................................................... (Per Hour) ........... 70.00 Project Support ..................... ...................................... .......................................... (Per Hour) ...........80.00 Engineering Technician IV ................................................................................... (Per Hour) ........... 70.00 Engineering Technician III ................................................... ................................ (Per Hour) ........... 65.00 Engineering Technician II ........................................ ............................................ (Per Hour) ........... 60.00 Engineering Technician 1................. ..................................................................... (Per Hour) ..... ...... 55.00 Technician III ........ ........... ....................... ............................................................. (Per Hour) ........... 50.00 Technician II... ...................................................... .............. ....... ............. .............. (Per Hour)........... 45.00 Technician I ........................... ................................................... ........... ................. (Per Hour).......... .4.0.00 Clerical........................... .................. .......... .... ............. .............. .......... ................. (per Hour)..... ...... 40.00 NOTE: · For all work requiring EPAlOSHA health and safety training and medical monitoring, the above hourly rates wiI1 be increased by twenty (20) percent. · All field charges begin at the time of departure and tenninate at the time of return to the point of origin and/or place of lodging while away trom the principal office, less time off for the convenience of the perSOIll1el. · For all work over 40 hours per week, on weekends, and Holidays, at client's request, or convenience, these hourly rates will be increased by thirty (30) percent to cover direct additional payroll and payroll-related charges incidental to overtime premium pay. · All rates apply to travel time, stand-by time, project management, consultation, and report preparation time, unless noted otherwise. · Inberg-MiI1er Engineers wiI1 prepare an estimated budget for services based upon client's detailed scope of services, if requested. Please be infonned that project management and project support costs are a necessary part of any services provided. Final invoiced amounts may vary trom estimated amounts depending on variations in scope, time of perfonnance, and/or changes in anticipated conditions. Any items not specifically listed are by quotation. PAYMENT IS DUE UPON PRESENTATION OF INVOICE, AND IS PAST DUE 30 DAYS FROM INVOICE DATE. A FINANCE CHARGE OF ONE AND ONE-HALF (lY2) PERCENT PER MONTH, OR THE MAXIMUM RATE ALLOWED BY LAW, WILL BE ASSESSED AGAINST THE UNPAID BALANCE. Client: RP Shippen Construction IN BERG-MILLER ENGINEERS Date Issued: May 21,2008 Page 1 of 3 C-Oó71.9 EQUIPMENT 2- Wheel Drive Vehicle .......... ......................................................................... (Per Hour) .................... 6.00 (Per Day) .................... 40.00 (*plus 0.85 Per Mile) 4- Wheel Drive Vehicle ........·..·.......................................................................(Per Hour) .................... 8.00 . (Per Day).................... 50.00 (*plus 1.00 Per Mile) One-Ton Flat Bed Truck....·...........·................................................................(Per Hour) .................. 10.00 (Per Day) .................... 60.00 (*plus 1.20 Per Mile) Drill Rig ................................... ........................ .............. ............ ..................... (*Per Mile) ................... 2.50 A TV .... ............................................................................................................ (Per Day).......... ........ 100.00 UTV .. ......... ............. .......................................... ............. ............... .................. (Per Day)..... ............. 250.00 Nuclear Gauge .................................. .............................................................. (Per Hour) .................. 10.00 (Per Day).................... 50.00 Steam Cleaner (Self-Contained)....................................................................(Per Hour) .................. 30.00 (Per nay) .................. 155.00 Grout/Mixer Pump............ ......................... ..................................................... (Per Day)........... ....... 200.00 (Per Week) ............... 800.00 GPS System ........................... ...... ............ ..... ....... ............ ........ ....................... (Per Hour) .................. 60.00 (Per Day).................. 400.00 Total Station ................................................................................................... (Per Hour) ................... 30.00 (Per Day)................. 150.00 Hand Held GPS Unit ..·......·..........·.................................................................(Per Hour) ................... 5.00 (Per Day)..;................ 25.00 Photoionization Detector (PID) ·....·........·.......................................................(Per Hour) .................. 20.00 (Per Day).................... 95.00 Triple Range Monitor .......................... ........................................................... (Per Hour) .................... 5.00 (Per Day).................... 25.00 Water LevellProduct Indicator ....·..·...............................................................(Per Hour) .................... 7.00 (Per Day).................... 35.00 Laptop ............. ............................................................. ........................ ........... (Per Hour) .................. 10.00 (Per Day).................... 50.00 Computer (Text Only) ..................... ............. .............. ................................... (Per Hour) .................... 6.00 Computer (Computations/Plotting) ...............................................................(Per Hour) ..................35.00 * Fuel Surcharge: Mi]eage rate is based on fuel prices as of July, 2007 (Source: wyominggasprices.com). If fuel prices increase over 5% ITom July, 2007 rates, the percentage of increase will be added to all mileage rates. EXPENSES Additional Hard Copies of Bound Reports (Less Than 100 Pages) ..............(Per Copy).................. 35.00 Electronic Copy of Report (Provided in Portable Document Format (pdt) only)................................. (Per Copy)................ 200.00 Motel, Meals, Prints, Postage, Equipment Rental, Photocopies, and Other Miscellaneous Supplies ................................................. Direct Expense, Plus 10% Subconsultant Services Secured With Client's Approval.................................... Direct Expense, Plus 15% Communication Expenses ........................................................................... 2.5% of Total Project Charges All Other Equipment and Materials Not Listed......................................................................By Quotation INBERG-MILLER ENGINEERS Page 2 of 3 '·:00720 C I VI L ENG I NEE RING ..................................................................................................................... BY QUOTATION · Highway Design . Street Design . Grading and Drainage Design · Solid Waste Planning . Landfill . Baler and Transfer Station Design and Permitting · Water System Design . Sanitary Sewer Design . Storm Sewer Design · Irrigation and Drainage Design . Hydrologic and Hydraulic Analysis · Residential and Commercial Subdivision Design · Site Design for Commercial Developments & Schools · Spill Prevention Control and Countermeasure (SPCC) Plans · Mine Permitting . Mine Reclamation Design · Construction Contract Administration . Construction Observation GEO TEC HN I CA L ENG IN E E R I NG.................................................................................................. BY QUOTA TION FIELD SERVICES · Subsurface Exploration . Contract DriJIing . Direct Push Exploration . Rock Coring · Drilling and Sampling (Small, Medium and Large Diameter Test Borings) · Foundation Analysis and Design Recommendations · Earth Dam & Reservoir Design and Reconnaissance . Slope StabiJity Analysis · Explorations for Roadway, Borrow Sources, and Aggregate Sources on Highway Construction · Monitor Well InstalJation, Development, Purging, Sampling, and Abandonment · Field Sampling and Testing of Soil, Groundwater, and Air · Ground Water Pumping/Drawdown Tests . PermeabiJity/Density ofIn-Place Soil LABORATORY SERVICES · Moisture-Density Relations of Soils . Particle Size Analyses . Soil Index Tests · Soil Classification . Strength Tests . Volume Change· California Bearing Ratio Test · Triaxial Shear Strength Tests . Penneability Tests . Corrosivity Tests (Soil) · Analytical Testing of Soil and Ground Water Samples . Packaging and Handling of Samples · Mobile Laboratory CONSTRUCT/ON MA TERIALS TESTING AND OBSER'~4T10N................................................ By QUOTATION FIELD AND LABORATORY SERVICES · Soils/Aggregates· Portland Cement Concrete and Masonry . Asphalt Concrete EN VI RON,W ENTAL E,VG IN EE R I ..NG............................................................................................. By QUOTA TION · SoJid Waste Disposal Design and Pennitting · Categorical Exclusions . Phase I, II, and III Site Assessments . Extent of Contamination Studies · Soil and Groundwater Remediation Systems Design and Implementation · Monitor WeJI Installation, Development, Purging, Sampling, and Abandonment · Field Sampling and Testing of Soil, Groundwater, and Air · Geologic Cross-Sections . Contaminant Isoconcentration Maps LA N D SUR VE YI NG .......................................................................................................................... By QUOTA TION · PROPERTY SURVEYS; Subdivision Platting and Mapping . Farm/Ranch Surveys Cadastral Surveys . Boundary Retracement · ENGINEERING SURVEYS; . Topographic Surveys . Highway, Street, and Road Design Surveys River and Flood Plain Cross-Sections · UTILITY SURVEYS; PreJiminary, Construction, and As-BuiJt Surveys for Cross-Country Pipelines and Power Transmission Lines · CONSTRUCTION SURVEYS: Highways, UtiJities, Bridges · MISCELLANEOUS; Mine Reclamation Surveys . Water Rights . Mining Claims INBERG-MILLER ENGINEERS Page 3 of 3