HomeMy WebLinkAbout941727
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CONTRACTOR'S LllN STATEMENT
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ST ATE OF WYOMING
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COUNTY OF TETON
Thomas M. Campbell of Biota Research & Cons6lting, Inc., a Wyoming Corporation, of P.O.
Box 8578, Jackson WY 83002, the lien claimant Herein, does hereby depose and say:
1. [ have personal knowledge of the 4atters set forth herein and am dnly anthorized
to execute this Lien Statement.
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2. Biota Research & Consulting, Inc. performed services and constructed
improvements on the real property described in th~ Quitclaim Deed attached hereto as Exhibit 1.
3. The work performed by Biota Åesearch & Consulting, Inc. was furnished
pursuant to a written contract ("the Contract") be~ween Biota Research & Consulting, Inc. and
__Frank Savage, of PO Box 283 Moran, Wyoming $3013, as agent for SVlOO, LLC, a Wyoming
limited liability company of PO Box 283 Moranj Wyoming 83013. A copy of the Contract is
attached hereto as Exhibit 2. I
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4. The work performed for said imþrovements on the land described above is
described in the Contract attached as Exhibit 2 hereto, and in the unpaid invoice attached hereto
as Exhibit 3 which were delivered to Frank Savag~ and to SV 100 LLC, but which have not been
paid., I '
5. With all just credit being given, as bf July 1, 2008 Biota Research & Consulting,
Inc. was owed a total sum of Seven Thousand, Eight Hundred Ninety-Seven and 57/100 Dollars
($7,897.57) under the Contract, which amount has since July 1,2008 accrued interest under the
Contract at 21 % per annum, for a total amount du~ as of August 18, 2008 of $8,121.01, with per
diem interest accrual equal to $4.56. In addition I the Contract provides that Biota Research &
Consulting, Inc. is entitled to recover all costs ot collection, including attorney's fees with or
without formal proceedings. As of August 18, 2@08, said costs equal $935.00. The total owed
under the Contract is therefore $9,056.01 as of August 18,2008.
6. The last day that work was peIformld under the contract was May 15,2008.
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7. The name and address of the own, of the above-described land upon which the
services were furnished and work peIformed is SV 100, LLC, a Wyoming limited liability
company, of P.O. Box 283 Moran, Wyoming 83013.
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RECEIVED 8/29/2008 at 10:11 AM
RECEIVING # 941727
BOOK: 703 PAGE: 475
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
(:00476
NOW THEREFORE, Biota Research & Consulting, Inc. claims the benefits of the
Wyoming Statutes relating to contractor's and materialman's liens on the real estate and
improvements thereon, said real estate being herein above described to the extent of the amount
of property allowed by the laws of the State of Wyoming, for the payment of Nine Thousand,
Fifty-six and 0I/100 Dollars ($9,056.01), plus accruing interest at $4.56 per day since August 18,
2008, plus such additional costs of collection as may be incurred by the lien claimant.
IN WITNESS WHEREOF, the Claimant has hereunto set his hand this 19th day of
August, 2008.
Biota Research & Consulting, Inc.
By: ~r~
I HEREBY CERTIFY that before me, the Subscriber, a Notary Public for the State and
County aforesaid, personally appeared Thomas M. Campbell and made oath in due form of law
that he is an officer of Biota Research & Consulting, Inc., duly authorized to execute any and all
corporate documents, and that (s)he has acknowledged the foregoing Statement of Lien as the act
and deed of the corporate entity.
IN WITNESS WHEREOF, I set my hand and notarial seal this 19th day of August, 2008.
SEAL
~
Notary Public
B. BREWER - NOTARY PUBLIC
County of .. State of
Teton Wyoming
My Commission Expires: 09 - 02 - 2009
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aOOTC.~~~RPAOB 53? QUITCLAIM DEEú ECG[I'r~o.
IJr1\~::'L'; CC1UNTY CLEn!,
F I ?7:J ~-</$ I I''''' 'd) " :r): f' I,.
" ranl( G. Savage and Anne T. SÐ~'1'2 j1f;~and and wife,Ulin~ I~e~lA'" ..... úOû477
Schwantz, a single man, G.RANTORS, of Lincoln County, Wyoming,,-~~;.#.trJJ~'1 'I~:~:'~,~:~:~¡:,~
. 1..[r:."'ìr.f1'~t . , ",,,I \J
con.sideration of TEN DOLLARS ($10.00) and other good and valuable conside1'ation,
in hand P(1jd, receipt of which is hereby acknowledged, CONVEY and QUITCLAIM:
to SV 100, LLC, a Wyoming lirnited liability company, GRANTEE, whose add.ress i.s
4400 Acacia, Bellaire¡ Texas 77401, the following described real e9tat~, situate in the
COUflty of Lincoln, State of Wyoming, hereby waiving and releasing all r.ights under
a,nd by vLthte of the homesæad exemption laws of the State of Wyoming, to-wit:
Township 34 North, fumge 119 West, 6th P.M., Lincoln County,
Wyoming:
Section 3: SEJ./4SW1/4, Sl12.NEl/4SWt/4
Section 10: NE1/4NVv'1/4
Together with and including all it'nprovements thereon and all
appurtenances and hereditaments thereunto belonging. Subject to all
covenants, conditions,restrictions, easements, e¡1cu.mbraI1ces,
reservations,· and rights-of-way of sight and/or record.
~NESS our hands this _ day of Ma~, 2.001.
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Frahl< G. Savage Anne T. Say e
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STATE OF TEXAS )
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COUNTY OF. HARRIS )
The foregoing instrument was acki19wledged before me this ~4 day of
March, 2001, by Fra.nk G. Savage a.n,d An11e T, Sava.ge, husband and wife.
WITNESS my hand and official seal.
fJ~CI iÞ~)
Notary Public (/ () "
My Commission Expires: .J:...::::.d. 7 - ;;¡.ðcJ ¡ ,
em DONNAJBAASA
¡~ NOTARY PUBLIC
.JI\~ State of Texas
i8!Qf'''~ Qomm. ""p. 09-:;¡9-2001
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STATE OF 1·~C{'.:s
COUNTY OF J..I<Ã(ýi~
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The foregoing ihstrument Wa.5 acJ~I\owledged befo¡;e roe this _ day of
March, 2001, by Kevin Schwantz.
WITNESS my hand and official seal.
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Notary Pu.blic (j .ÇJ Q rtÒ
My Commission Expires: ["~c.J..-I'-d-- /
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EXHIBIT 1
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000478
P. O. Box 8578, Jackson, Wyoming 83002; voice: (307) 733-4216 . fax: (307) 733-1245
P. O. Box 880·73 N. Main, Suite 3, Victor, ID 83455; voice: (208) 787-4215 . fax: (208) 787-4217
Friday, June 15,2007
Frank Savage
5356 Sugar Hill
Houston, TX 77656
Sent via email onlyto:fsavage@houston.rr.com
Dear Mr. Savage:
Thank you for meeting with us last weekend to assess habitat enhancement potential and learn of your
long-term property management objectives. As we discussed, there are considerable opportunities to
enhance aquatic habitat features on your property in order to provide high quality lentic and lotic aquatic
habitat for various trout species and increase to value and marketability of the future tracts.
Per your request, I am providing you with a breakdown of projects, associated tasks, and estimated costs
for the prioritized items we discussed last weekend. The Salt River side channel project provides
excellent potential to improve in-stream trout habitat and utilization, in addition to increased channel
function and dynamics. Such potential is clearly not fully utilized in the current enhancement design you
provided us for review. With several decades of experience designing, permitting, and constructing this
type of project, Biota is confident that we can develop an enhancement and restoration plan that will
utilize the full potential of the side channel. This work will, however, require the collection of
topographic and flow data in order to facilitate hydrologic modeling of the proposed treatments and to
ensure the long-term stability and maintenance of created features. Biota's thorough and professional
methodologies have been recognized by the Army Corps of Engineers (ACOE) and we have a long-
standing history of completing projects in a timely fashion with the full cooperation of the ACOE and
the Wyoming Game and Fish Department.
EXHIBIT 2
The water feature creation and enhancement projects that we discussed also provide great opportunities
to increase fish and wildlife habitat while simultaneously providing excellent aesthetic and recreational
values to the property. I do not anticipate any difficulty obtaining necessary permits for the wetland
crossings necessary in order to provide access to the northwestern portion of your property.
The attached scope of work (Exhibit A) and estimated costs (Exhibit B) should provide you with a clear
understanding of what will be necessary in terms of data collection, design, construction, and costs in
order to complete the projects that you prioritized during our meeting.
Biota is very interested in providing our environmental consulting services to you. We are prepared to
begin data collection and preliminary design immediately upon receiving your approval. If you have any
questions or would like to discuss your project, please do not hesitate contacting me. I look forward to
working with you on this project. Please execute the consulting agreement and return to me (fax is OK).
Sincerely,
000479
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Thomas M. Campbell III
President
Email: tcampbell@biotaresearch.com
Savage Letter - June 15, 2007
Page 2
Biota, P.O. Box 8578, Jackson, WY 83002
EXHIBIT A
Scope of Work
Habitat Enhancement and Restoration Project,
Savage Property, Lincoln County, Wyoming
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P. O. Box 8578, Jackson, Wyoming 83002; voice: (307) 733-4216 . fax: (307) 733-1245
P. O. Box 880·73 N. Main, Suite 3, Victor, ID 83455; voice: (208) 787-4215· fax: (208) 787-4217
SALT RIVER SIDE CHANNEL ENHANCEMENT PROJECT
Task 1 Site Assessments
Document existing creek conditions (hydrological, biological, structural)
a) Habitat Inventory - An accepted fish habitat inventory procedure will be used to survey
sample areas and measure existing conditions. Data recorded for each habitat unit (run, glide,
riffle, cascade, pool, etc.) within each sample area would characterize physical parameters
(length, width, average depth), maximum and crest depths of slow water habitats, number of
pocket and step pools, percent surface fines, bank characteristics, channel shape, stream bank
vegetation, number and size of large woody debris pieces, substrate composition, and general
observations.
b) Hydrologic Analysis - Characterize and quantify the flow regimes within the project area.
Instantaneous flow measurements collected through the project area at varying flow levels will
facilitate analysis and collection of flow information. Observed discharge levels will be
precisely quantified and the hydrograph will be characterized.
c) Topographic Survey - A topographic survey will precisely characterize current morphologic
conditions in the project area and will facilitate hydrologic modeling of both current and
proposed conditions.
d) Site Analysis - Characterization of site condition and identification of project goals based on
analysis of all data collected in Task 1 (e.g., lack of in-stream fish cover habitat, lack of
spawning habitat, large accumulation of sediments, low flow velocities, over-widened sections
of stream).
Task 2 Conceptual Design Phase
Develop conceptual design that addresses and remedies problems identified in Task 1. Present
treatment methodologies and general design that will enhance fish habitat, channel function, and
riparian condition in the watercourse while maximizing recreational fishing opportunities and trout
Exhibit A - June 15, 2007
Page 3
Biota, P.O. Box 8578, Jackson, WY 83002
spawning, over-winter, and cover habitat. Enhancement techniques wi'l focus on improving the
aesthetic quality of surface water features while providing function and utility throughout the
project area. Biota will ensure that the design addresses identified goals and objectives in the
project area while not adversely affecting adjacent fish habitat.
Task 3 Final Design Phase
Develop a detailed fish habitat enhancement plan, incorporating all generated information. Final
design will include all treatments and will quantify materials and activities. Design will be
modeled using the Army Corps of Engineers' HEC-RAS software to ensure that flows and channel
design function symbiotically in order to fully utilize opportunities to enhance habitat and function
throughout the system. Final design will be prepared and presented in a final form that is
understandable to the client and suitable for submittal to regulatory agencies for review and
permitting requirements.
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Task 4 Permitting
Acquire authorization from the US Army Corps of Engineers and the Wyoming Department of
Environmental Quality in order to implement the fish habitat enhancement plan. Submit the fish
habitat enhancement plan and permit application(s) to the appropriate regulatory agencies; at a
minimum, permits and/or project concurrence from the ACOE, DEQ, and the Wyoming Game and
Fish Department (WGFD) will be required. Respond to requests from regulatory agencies
concerning the fish habitat enhancement plan and provide any additional information regarding
site conditions, construction plans, etc.
Task 5 Construction
Construct the approved and permitted fish habitat enhancement plan in a timely fashion. An
experienced and qualified contractor will be contracted to perform all permitted creek work using
heavy equipment (tracked excavators, front-end loaders, haul trucks, etc.).
Task 6 Construction Supervision
Supervise construction of the approved habitat enhancement plan. Construction supervision will be
performed by Biota to ensure the contractor fully implements the enhancement plan and complies
with all permit conditions.
RECREATIONAL POND DESIGN
Task 1 Site Assessment & Data Collection
The current topographic, hydrologic, vegetative; and aesthetic conditions of the identified pond
creation site will be assessed. Topographic data collected by Biota will facilitate design of the
pond feature including inlet and outlet structures, pond perimeter, internal characteristics, and
downstream in-channel flow conditions.
Task 2 Design
Develop conceptual design for pond that provides recreational opportunities and aesthetic value
while providing fish habitat, wildlife habitat, and wetland development. The pond will be designed
to function properly with the hydrologic support provided by the existing channel under the
assumption that flows will increase as the result of varied upstream practices and water
management techniques. Aeration and subsequent water quality treatments will be presented in an
Exhibit A - June 15, 2007
Page 4
Biota, P.O. Box 8578, Jackson, WY 83002
effort to develop a long-term pond maintenance strategy that will ensure that the water feature
provides high quality habitat, recreational opportunities, and aesthetic value into the future.
Task 3 Permitting
It is assumed that some minor permitting through the Army Corps of Engineers will be necessary
in conjunction with this pond creation project. Biota will assess the wetland delineation report and
ACOE determination in order to determine whether permitting is, in fact, necessary. Water rights
permitting for the pond will be required and Surveyor Scherbel is capable of providing these
serVIces.
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Task 4 Construction
A qualified contractor will be hired to construct the water feature per the design specification and
requirements of issued permits or regulatory agencies. Meetings with the contractor may be
necessary and construction supervision may be required to some degree in order to ensure that the
water feature is constructed in a proper fashion and according to the design.
Task 5 Revegetation
Optional revegetation techniques, areas, and treatments will be presented in conjunction with the
pond design and construction outline. Revegetation treatments will be discussed and proposed in
order to provide the most economical and timely advantages in terms of water feature aesthetic
values, function, wildlife and wetland habitat, and construction reclamation.
EXISTING FISH POND ENHANCEMENT
Task 1 Site Assessment & Data Collection
The current topographic, functional, and vegetative conditions of the existing fish pond will be
assessed. General topographic data collected by Biota will facilitate design of habitat enhancement
treatments that will increase functionality of the pond by providing productive aquatic wetland
habitat while developing shoreline and shallow water habitat of critical value to closed fishery
systems.
Task 2 Design
Develop conceptual design for pond enhancement that provides recreational opportunities and
aesthetic value while maximizing fish habitat, wildlife habitat, and wetland development. The
pond enhancement treatments will be designed to function properly with the hydrologic support
provided, will function with existing vegetation, will improve and increase productive wetland
habitat, and will include increasing the water surface elevation via development of a natural
appearing impoundment structure.
Task 3 Permitting
Permitting through the Army Corps of Engineers mayor may not be necessary in conjunction with
this pond enhancement project. Biota will assess previously issued permits, the wetland
delineation report, and the ACOE determination in order to determine whether permitting will be
necessary. If permitting is required, Biota will complete such permitting in a timely fashion in
order that enhancement construction can occur in conjunction with other projects on the property.
Task 4 Construction
Exhibit A - June 15,2007
Page 5
Biota, P.O. Box 8578, Jackson, WY 83002
A qualified contractor will be hired to construct the water feature enhancements per the design
specification and requirements of any issued permits or regulatory agencies. Meetings with the
contractor may be necessary and construction supervision may be required to some degree in order
to ensure that the water feature is constructed in a proper fashion and according to the design.
Task 5 Revegetation
Optional revegetation techniques, areas, and treatments will be presented in conjunction with the
pond enhancement design and construction outline. Revegetation treatments will be discussed and
proposed in order to provide the most economical and timely advantages in terms of water feature
aesthetic values, function, wildlife and wetland habitat, and construction reclamation.
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WETLAND CROSSINGS
Task 1 Site Assessment
Site assessment will identify wetland crossing needs, existing topography, wetland characteristics,
and wetland impacts. These assessments and data collection will facilitate the development of a
submittal to the Army Corps of Engineers.
Task 2 Permitting
Biota will develop a plan and submit to the Army Corps of Engineers in order to obtain permits
necessary for developing the wetland crossing. The submittal will be completed in a timely fashion
in order that construction associated with the crossing could occur relatively soon in order to
provide access to the western portion of the property.
Exhibit A - June 15,2007
Page 6
Biota, P.O. Box 8578, Jackson, WY 83002
EXHIBIT B
Estimated Costs
Habitat Enhancement and Restoration Project,
Savage Property, Lincoln County, Wyoming
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P. O. Box 8578, Jackson, Wyoming 83002; voice: (307) 733-4216· fax: (307) 733-1245
P. O. Box 880 . 73 N. Main, Suite 3, Victor, lD 83455; voice: (208) 787-4215 . fax: (208) 787-4217
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SALT RIVER SIDE CHANNEL ENHANCEMENT PROJECT (-1,275 LINEAL FT)
Task Description
Task 1 - Site AssessmentlData Collection
· Habitat inventory ($1,000)
· Hydrologic analysis ($2,500)
· Topographic survey by professional surveyor
· Site analysis ($2,000)
Task 2 - Conceptual Design Phase ($1/1ineal ft x 1,275 ft)
Task 3 - Final Design Phase ($3/1ineal ft x 1,275 ft)
Task 4 - Regulatory Permit Acquisition
. ACOE Permitting ($2,000)
Task 5* - Estimated Construction
· Professional Contractor (~$15-$20/lineal ft x 1,275 ft)
Task 6 - Construction Supervision ($5/1ineal ft x 1,275 ft)
Miscellaneous Consulting - not associated with the above (Exhibit C)
Reimbursable Expenses - e.g., mileage, government fees, etc. (Exhibit C)
Travel- (per single person round trip = $210)
Salt River Side Channel Enhancement Project
Subtotals
Totals
$5,500.00
Unknown
$1,275.00
$3,825.00
$2,000.00
Unknown
$6,375.00
Time & Material
Cost
Cost
$18,975.00
* Note: Task 5 costs are estimated based upon recent experience with contractor costs. Actual costs may vary.
Exhibit B - June 15,2007
Page 7
Biota, P.O. Box 8578, Jackson, WY 83002
RECREATIONAL POND PROJECT
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Task Description
Task 1 - Site AssessmentlData Collection
· Site analysis & topographic survey by Biota
Task 2 - Design
Task 3* - Permitting (as necessary)
· Water rights pennitting to be completed by surveyor/engineer
· Anny Corps of Engineers
Task 4* - Estimated Construction Unknown
· Professional Contractor (~$3/cu yd x -15,000 cy)
· Biota meetings with contractor and/or construction supervision (T&M)
Task 5 - Optional Revegetation Time & Material
· Wetland sod ($3.50/sq ft)
· Seeding (Time & Material)
Miscellaneous Consulting - not associated with the above (Exhibit C)
Reimbursable Expenses - e.g., mileage, government fees, etc. (Exhibit C)
Travel- (per single person round trip = $210)
Subtotals
$1,000.00
Totals
$3,000.00
Unknown
Time & Material
Cost
Cost
Recreational Pond Project
* Note: Costs of identified tasks are estimated based upon recent experience. Actual costs may vary.
$4,000.00
EXISTING FISH POND ENHANCEMENT PROJECT
Task Description
Task 1 - Site Assessment
· Site analysis & topographic data collection
Task 2 - Design $1,000.00
Task 3 - Permitting (as necessary) Unknown
· ACOE pennitting completed by Biota
Task 4* - Estimated Construction Unknown
· Professional Contractor (~$3/cu yd x ~ 100 cy)
Task 5 - Optional Revegetation Unknown
· Wetland Sod ($3.50/sq ft)
· Seeding (Time & Material)
Miscellaneous Consulting - not associated with the above (Exhibit C)
Reimbursable Expenses - e.g., mileage, government fees, etc. (Exhibit C)
Subtotals
Totals
$800.00
Time & Material
Cost
Exhibit B - June 15,2007
Page 8
Biota, P.O. Box 8578, Jackson, WY 83002
Travel- (per single person round trip = $210)
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Cost
Existing Fish Pond Enhancement Project
* Note: Costs of identified tasks are estimated based upon recent experience. Actual costs may vary.
WETLAND CROSSING PROJECT
Task Descriotion
Task 1 - Site Assessment
. Site analysis & data collection
Task 2 - Permitting
· ACOE permitting completed by Biota
Miscellaneous Consulting - not associated with the above (Exhibit C)
Reimbursable Expenses - e.g., mileage, government fees, etc. (Exhibit C)
Travel- (per single person round trip = $210)
Subtotals
$800.00
$800.00
Wetland Crossing Project
* Note: Costs of identified tasks are estimated based upon recent experience. Actual costs may vary.
Exhibit B - June 15,2007
$1,800.00
Totals
Time & Material
Cost
Cost
$1,600.00
Page 9
Biota, P.O. Box 8578, Jackson, WY 83002
EXHIBIT C
RATE SCHEDULE
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(:00487
P. O. Box 8578, Jackson, Wyoming 83002; voice: (307) 733-4216' fax: (307) 733-1245
P. O. Box 880 . 73 N. Main, Suite 3, Victor, ID 83455; voice: (208) 787-4215 . fax: (208) 787-4217
January 1,2006
LABOR
Emplovee
Project Manager/Principal Consultant
Certified Wildlife Biologist
Biologist/Ecologist
Fishery Biologist
Wetland Scientist
Hydro logist/Geomorpho logist
GIS Specialist
NEP A Specialist
Technician - Level I
Technician - Level 2
Technician - Level 3
Desktop Publisher
Clerical
SUPPLEMENTAL BILLINGS
Meal Per Diem - $50 per day per person
Vehicle Expenses - 50¢ per mile
Vehicle Rental- $50/day
Resource-grade Trimble GPS Unit - $200/day
Travel Trailer Rental ($25/day)
A TV Rental ($25/day)
REIMBURSABLE EXPENSES
Black and White Prints and Photocopies - $0.15
Color Prints and Photocopies - $ 1 .00
Color Plots (f4x36) - $20
Color Plots (36x48) - $40
B&W Plots (74x36) - $10
B&W Plots (36x48) - $20
Communication - $20-50/month
Postage/Over Night Delivery - Cost + 15%
Fees paid on client's behalf-Cost + 15%
Miscellaneous Field Equipment (e.g., wetland flags, maps, aerial photographs) - Cost
Exhibit C - June 15, 2007
Page 10
Biota, P.O. Box 8578, Jackson, WY 83002
Hourlv Rate
$ 125.00
$100.00
$85.00
$85.00
$85.00
$75.00
$75.00
$75.00
$65.00
$55.00
$30.00
$60.00
$45.00
,
EXHIBIT D
CONSUL TING AGREEMENT FOR SERVICES
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P. O. Box 8578, Jackson, Wyoming 83002; voice: (307) 733-4216 . fax: (307) 733-1245
P. O. Box 880·73 N. Main, Suite 3, Victor, ID 83455; voice: (208) 787-4215· fax: (208) 787-4217
This Agreement is entered into on this
day of
by and between Biota
Research and Consulting, Inc. (BIOTA), P.O. Box 8578, 140 E. Broadway Ste. 23, Jackson, WY 83002
and
(CLIENT) having a mailing address at
1. Property Description: The CLIENT agrees to retain BIOTA to provide environmental consulting
services described in this agreement on the property described below:
Star Valley property consisting of2 parcels totaling about 112 acres owned by SVIOO LLC
T34N, R119W, Section 3, portions ofNE1I4 & SE1I4 & SWII4
T34N, R119W, Section 10, portions ofNE1I4, NW1I4
BlOT A agrees to provide such services on the terms and conditions set forth in the Agreement.
2. Services: The services to be provided by Biota under this Agreement are
· Provide consulting services outlined in Exhibit A (scope of work) on a per-item cost basis as
outlined in Exhibit B (estimated costs) and Exhibit C (rate schedule). Services will include (but
are not limited to) project tasks associated with the Salt River side channel enhancement,
recreational pond design, existing fish pond enhancement, wetland crossings.
3. Compensation: In consideration for the services described above, CLIENT agrees to pay
BlOT A for miscellaneous consulting services and reimbursable expenses using the Rate Schedule
provided in Exhibit A.
4. Payment: The CLIENT agrees to pay BlOT A in periodic payments billed on a monthly basis.
Exhibit 0 - June 15,2007
Page 11
Biota, P.O. Box 8578, Jackson, WY 83002
.
The CLIENT agrees to pay BIOTA within 30 days of each invoice date.
A finance charge of 1.75% per month, 21% per annum will be charged on any unpaid and
overdue balance.
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.
5. Terms: The term of this Agreement shall be the earlier of completion of the services described
herein or termination by either CLIENT or BIOTA. Either party may terminate this Agreement upon
seven (7) days advanced, written notice to the other.
6. Independent Contractor: BIOTA acknowledges that it is acting as an independent contractor for
the services agreed to under this Agreement.
7 Liens - Failure to Pay For Service Rendered
NOTICE TO OWNER
FAILURE OF THIS PRIME CONTRACTOR OR SUBCONTRACTOR TO PAY THOSE PERSONS
SUPPL YING MATERIALS OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE
FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS
CONTRACT PURSUANT TO § W.S. 29-2-10 I THROUGH 29-2-110. TO AVOID THIS RESULT, WHEN
PAYING FOR LABOR AND MATERIALS YOU MAY ASK THIS PRIME CONTRACTOR OR
SUBCONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIALS OR
SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN
WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIALS TWICE.
8. Work Product: All data, drawings, maps, specifications, reports, and other documents and
electronic data furnished by BIOTA to CLIENT under this Agreement ("Work Product") are deemed
to be instruments of service and BlOT A shall retain the ownership and property interests therein,
including the copyrights thereto until BIOTA receives CLIENT'S payment in full for all Work
performed under the Agreement.
9. BIOTA Conveys Work Product To CLIENT Upon Payment in Full: Contingent upon
CLIENT'S payment in full for all Work performed under the Agreement, BIOTA conveys all rights,
title, and interest to the Work Product to CLIENT, conditioned on CLIENT'S express understanding
that its use of the Work Product is at CLIENT'S sole risk and without liability or legal exposure to
BIOTA or anyone working by and through BIOTA, including those retained by BIOTA (collectively
the "Indemnified Parties"). In addition, BIOTA retains a limited license to use the Work Product for
reasonable uses.
10. CLIENT'S Ownership of Work Product Upon BIOTA'S Default: If this Agreement IS
terminated by CLIENT and (i) it is determined that BIOTA was in default, and (ii) CLIENT has
fully satisfied all of its obligations under this Agreement, BIOTA conveys to CLIENT all rights,
title, and interest to the Work Product in connection with CLIENT'S completion, occupancy, or sale
of the Project. This conveyance of ownership is conditioned on CLIENT'S express understanding
that use of Work Product is at CLIENT'S sole risk and without liability or legal exposure to any
Indemnified Party.
Exhibit D - June 15,2007
Page 12
Biota, P.O. Box 8578, Jackson, WY 83002
¡
j úOû490
11. CL NttS Indemnifi~tion for Use of Work Product: If CLIENT uses the Work Product
unde any of the circumstances identifìed in this Article 11, except for the circumstances described
in A ides 9 and 10 above, CLIENT shall defend, indemnitY and hoJd harmless the Indemnified
Parti s from and against any and all claims, damages, liabilities, losses and expenses, including
atto eys fees, arising out of or resulting from the use of the Work Product.
12. Nott" :
. All notices which either party hereto may be required or may wish to give to the other in
I connection with this Agreement shall be given b)' addressing them to the person and
I addresses set forth below (or at such other addresses as may be designated by written notice
I
I given in the manner designated herein), and be delivering such notice by either:
(~) personal delivery (via courier or otherwise),
(r) teJefax (provided confinnation of delivery date and time is obtained),
( ) depositing such notices first class postage prepaid, certified maiJ-return receipt requested,
in the United States mail, or
(~) deJivering them toll free or other charges prepaid to a cable company or overnight
J All :::û::i:a::-: :::: :::~:: MO (2) business days after ~e po,un~ed daæ
I of mailing of same, or in the case of personal delivery upon actual receipt thereof (or if
1- ~:i:~::::~:: ::~~~::~:~:e~:-~iS Agreeownt uoûl further notice ore as
I foHows:
I
I CLIENT BIOTA
: oS V /..,,, L L '- Thomas M. Campbell III
i F I~ A ~ r-:. S Au AG ~ Biota Research and Consulting, Inc.
i -S"':1Sb ..5vóAa.. /-Itll P.O. Box 8578
i /~..... J;7,.J .7.x 77oS'6 140 East Broadway Suite 23
r
! Jackson, Wyoming 83002-8578
14. ChO~ce of Law & Fonnn This contract shall be construed in accordance with the laws of the
I
Stat, of Wyoming, excepting Wyoming's law regarding choice of law. The parties agree that the
CouF of the State of Wyoming and the Federal Courts of the United States located in the State of
Wyqming shall have soJe and exclusive jurisdiction over any dispute, claim, or controversy which
I
may¡arise involving this agreement or its subject matter. The parties itTevocably submit and consent
to 5th jurisdiction and waive any fight they may have to seek a change of jurisdiction or venue.
I
Exhibit{> t June 1S,2007 Page: 13 Biota. P.O. 8o ( 8S78, Jackson, WY 83002
I
¡
I
r-A\.::II:. tH
(;Oû491
15. Atto eys Fees: In the event that any party shall become in default or breach of any of the terms of
this greemen~ such defaulting or brea.ching party shall pay all reasonable attomei s fees and other
expe ses which the non-defaulting OJ' non-breaching party may incur in enforcing this Agreement
with r without formal proceedings. This provision sha1l not limit any other remedies to which the
pa~i s may otherwise be entitled.
16.0th r: CLIENT hereby a.grees to save, hold harmless and indemnify BIOTA from any and all third
p liability or claims arising from the performance of the services set forth above, except such
liabi~ity or claims arising or resulting solely from the negligence of BIOTA, its agents or employees.
CLlEN~
Name I
x
(Please sign here)
Date:
5.¡/ /ù¡>
6
6... S¡4-1/A¿~
¿¿ C
printed
E¡¡;hibit D June 15, :2007
Page J 4
BiQta, P.O. BQII 8578, Jaçkso{ , WY 83002
Client Frank Savage
SV 100, LLC
5356 Sugar Hill
Houston, TX 77656
Date June 1,2008
nvoice # 07024.09
SV 100 LLC Enhancement Project
Date Labor
T. Campbell
5-May email, proj mgmt, staff
6-May proj mgmt
7-May proj mgmt, meet wi staff
8-May wgfd meeting
R. Coyler
6-May phone w/ wgfd, savage, contractors
7-May contractor communication
8-May wgfd meeting, phone w/ acoe, contractor, frank
9-May site visit
12-May phone w/ frank, construction supervision
13-May construction supervision
15-May project update to frank
Expenses
Phone/Fax/E-mail
Mileage
ATV rental
Wetland seed mix
Upland seed mix
Contractor supplies
Contractor Expense-Construction (cost + 15%)
Current Invoice Total
Past Due Amount
Finance Charge
Total Amount Due
....,." (2""
B~-:-
P.Q, Bo. 8578, 140 Eut Broadwoy Sulto 23
Jackoon Holt, Wyoming 83002·8578
PhOI1t: 307-133-4216 Fax: 307-133-1245
Hours
0.50
0.50
0.75
0.75
2.50
1.50
0.50
1.25
2.00
6.00
15.00
0.25
26.50
Units
I
280
2
I
I
1
1
Rate
$130.00
$90.00
Rate
$25.00
$0.70
$50.00
$375.00
$50.00
$13.13
$3,780.63
Amount due is payable within 15 days upon receipt of invoice.
Past due amounts will be charged an annual interest rate of 21 % per annum.
11 C .
(;Oô492
Costs
$325.00
$2,385.00
Costs
$25.00
$196.00
$115.00
$431.25
$57.50
$15.10
$4,347.72
$7,897.57
$0.00
$0.00
$7,897.57
EXHIBIT 3