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HomeMy WebLinkAboutDERR-2024-005287 March 22, 2024 WORK PLAN: OCB-03 SUBSURFACE INVESTIGATION OFFSITE WELL INSTALLATION Killian’s Service 150 E Main Street Duchesne, Utah Facility ID #9000190, Release Site OCB Submitted To: Ms. Melissa Killian P.O. Box 342 Duchesne, Utah 84021 Copy To: Ms. Nicole Chavez Utah Department of Environmental Quality Division of Environmental Response and Remediation P.0. Box 144840 Salt Lake City, Utah 84114-4840 Dear Ms. Killian: Underwood Environmental Consulting (UEC) has prepared this work plan on your behalf for submittal to the Utah Division of Environmental Response and Remediation (DERR). The work plan is for additional subsurface investigation and offsite monitoring well installation. The attached budget outlines the anticipated tasks to be performed and their associated costs. I. OBJECTIVES The objective of work plan OCB-03 is to install offsite monitoring wells downgradient of existing wells MW-3 and M-5. The work plan was prepared in response the Utah DERR request letter dated January 8, 2024. Preliminary Corrective Action Planning (CAP) would also be initiated. Work Plan OCB-03 Off Site Monitoring Well Installation Killian’s Service, 150 East Main St., Duchesne, UT Facility ID# 9000190, Release Site OCB Underwood Environmental Consulting, Inc. 2 II. TASKS Task 1: Work Plan and Budget Preparation Fixed fee. Task 2: City and Public Works Meetings, Preliminary CAP Planning, Access Permission and GPR Survey Meetings and/or correspondence with Duchesne County and City officials would be conducted to discuss cleanup options and potential disposal sites for future corrective action. Additionally, Right of Access and property boundaries would be determined for offsite well locations. Two offsite monitoring wells are to be installed downgradient of existing wells MW-3 and MW-5. The attached figure shows potential locations of the new wells. Actual locations will depend on access permission and utility locations which are to be determined. Property ownership and underground or overhead utility locations must be determined and access to well location obtained from the appropriate parties. Once these are determined or obtained the locations will be surveyed using ground penetrating radar and other means of underground utility locating. Final locations will be confirmed with City officials and the public works department before drilling occurs. Task 3: Soil Borings, Monitoring Well Installation and Groundwater Sampling Given the difficulty penetrating the dense cobbles encountered during the previous onsite drilling using direct push technology (DPT), the proposed drilling shall be performed using a combination of DPT and ODEX drilling methods. Soil samples will be obtained using continuous cores with DPT. Installation of monitoring wells would be performed using ODEX methods to penetrate the dense cobbles. Daylighting of soil borings would be performed prior to drilling using water knife and high vacuum techniques. Once installed the new wells would be developed by pumping and purge and surge methods. Groundwater would be thin spread onsite along with daylight cuttings generated. A survey of top of casing elevations would then be performed using a laser survey instrument and tied in to the existing on site well network. Once developed and surveyed, the monitoring wells would be gauged, purged and sampled using standard operating procedures. Groundwater samples obtained from the wells would be analyzed for petroleum hydrocarbons (MTBE, BTEXN, TPH-GRO, and TPH-DRO) by a State Certified Laboratory. Task 4: Reporting Data compiled from the processes described above would be presented in a report prepared in accordance with DERR guidelines and Utah DOPL requirements. Preliminary CAP Planning would also be documented in the Report. Work Plan OCB-03 Off Site Monitoring Well Installation Killian’s Service, 150 East Main St., Duchesne, UT Facility ID# 9000190, Release Site OCB Underwood Environmental Consulting, Inc. 3 III. OPINION OF COSTS The work plan budget is based on 2023 DERR established labor and equipment rates. An opinion of probable costs for the tasks proposed in this work plan is $32,316.06. A detailed budget by task is attached. All activities are to be invoiced on a time, materials, and expense basis. No out of scope work will be performed without your pre-approval. We appreciate the opportunity to assist you on this project. Please feel free to contact me at (801) 831- 6966 should you have any questions or concerns. Sincerely, Underwood Environmental Consulting, Inc. L. Earl Underwood, P.G. Sr. Geologist UST Consultant, CC-0018 Attached Budget Spreadsheet, Bid Package and Sample Plan Killians Service 150 East Main Street, Duchesne, UT Subsurface Investigation - Off-Site Well Installation Work Plan OCB-03, Facility ID 9000190 Task 1 - Work Plan Development LABOR Hours Title Code Description Rate Total 1 Work Plan Preparation --DERR Fixed Fee 1,100.00$ 1,100.00$ Subtotal 1,100.00$ SUBCONTRACTORS Item Quantity Unit Rate Total None Anticipated Subtotal -$ OTHER DIRECT COSTS Item Quantity Unit Rate Total Mileage 0 Mile 0.560 -$ Subtotal -$ Task Total 1,100.00$ Task 2 - City Public Works Meetings, CAP Planning, ROW Access, Blue Stakes Meet and GPR Survey LABOR Hours Title Code Description Rate Total 2 Senior Proj Manager 101 Project Oversight and Management, Client and Regulatory Interface 152.00$ 304.00$ 4 Project Manager 103 Coordination, Scheduling, Planning, Access Agreement 118.00$ 472.00$ 3 Field Scientist 104 Travel 101.00$ 303.00$ 8 Project Manager 103 Preliminary CAP Planning, Correspondence Health Department, City and County officials to determine potential disposal facilities and specific requirements.107.00$ 856.00$ 8 Project Manager 103 Travel; Meetings and Correspondence w/ Recorders Office and City Public Works for property ownership /access agreement (permission) and underground utility locations. (180 miles / 3 hrs travel)107.00$ 856.00$ 8 Project Manager 103 Travel; Blue Stakes Meet, GPR Survey / Utility Locating, mark borehole locations and confirm with Public Works (180 miles / 3 hrs travel)118.00$ 944.00$ 2 PSTF Specialist 108 PSTF Monthly Claim Prep, Invoice Verification, Accounting 78.00$ 156.00$ 3 Admin Assistant 109 Clerical, Accounting 62.00$ 186.00$ Subtotal 4,077.00$ SUBCONTRACTORS Item Quantity Unit Rate Total Utility Locator / GPR Survey (DPS)1 Bid 1,650.00$ 1,650.00$ Subtotal 1,650.00$ OTHER DIRECT COSTS Item Quantity Unit Rate Total Per Diem 1 Day 40.00$ 40.00$ Mileage 360 Miles (two mobilizations)0.670 241.20$ Subtotal 281.20$ Task Total 6,008.20$ Page 1 of 3 Killians Service 150 East Main Street, Duchesne, UT Subsurface Investigation - Off-Site Well Installation Work Plan OCB-03, Facility ID 9000190 Task 3 - Off Site Soil Borings and Monitoring Well Installation, Groundwater Monitoring LABOR Hours Title Code Description Rate Total 4 Senior Proj Manager 101 Project Oversight and Management: Direct work activities, Oversight of project budget, review PSTF payment voucher packages, planning 152.00$ 608.00$ 4 Project Manager 103 Coordination, Scheduling, Pre-Field Documents 118.00$ 472.00$ 6 Field Scientist 103 Pickup sample supplies and barricades, return barricades to vender at end of project (75 miles)101.00$ 606.00$ 24 Project Manager 103 Well Installation and Surveying: Assume two 12-hr days; Travel, Daylighting, Logging, Soil Screening and Sampling, Survey TOC Elevations and Tie-In, Site Safety and Traffic Control (180 miles)118.00$ 2,832.00$ 2 Field Scientist 103 Chain of Custody and Lab Delivery for Soil Samples (72 miles)101.00$ 202.00$ 20 Field Scientist 103 Well Development and Groundwater Monitoring: Assume two 10-hr days; Includes travel and field work. Purge and Sample 5 MWs, Lab Delivery (252 miles)101.00$ 2,020.00$ 4 PSTF Claim Specialist 108 PSTF Monthly Claim Prep, Invoice Verification, Accounting 78.00$ 312.00$ 6 Admin Assistant 109 Clerical, Accounting 62.00$ 372.00$ Subtotal 7,424.00$ SUBCONTRACTORS Item Quantity Unit Rate Total Drilling Contractor (Direct Push Services)1 Per Bid: DPT / ODEX Drill Rig, 2 drill borings converted to 2-in Monitoring Wells 8,560.00$ 8,560.00$ TBD Daylight and Drill Cuttings Disposal 1 Cuttings to be thinspread on site -$ -$ Interstate Barricades 1 estimate for barricade rental 120.00$ 120.00$ Lab Soil Analysis 8 MBTEXN/GRO/DRO (8260B, 8015C)85.00$ 680.00$ Lab Groundwater Analyses 5 MBTEXN/GRO/DRO (8260B, 8015C)85.00$ 425.00$ Subtotal 9,785.00$ OTHER DIRECT COSTS Item Quantity Unit Rate Total PID 1 Day 95.00$ 95.00$ Sampling Supplies /Disposables 2 Day 25.00$ 50.00$ Water Level Meter 2 Day 25.00$ 50.00$ Submersible Pump (well Development)1 Day 30.00$ 30.00$ Tubing 50 Feet 0.50$ 25.00$ Bailers 7 Each 9.00$ 63.00$ Traffic Safety Delineators 4 Days 15.00$ 60.00$ Laser Survey Equip.1 Day 50.00$ 50.00$ Per Diem 4 Days 40.00$ 160.00$ Lodging 2 Nights (est.)175.00$ 350.00$ Mileage 1158 Miles (two mobilizations, two lab deliveries, barricade pickup and drop-off)0.670 775.86$ Subtotal 1,708.86$ Task Total 18,917.86$ Page 2 of 3 Killians Service 150 East Main Street, Duchesne, UT Subsurface Investigation - Off-Site Well Installation Work Plan OCB-03, Facility ID 9000190 Task 4 - Reporting LABOR Hours Title Code Description Rate Total 4 Senior Project Manager 101 Senior Technical Review, Regulatory and Client interface, Review PSTF Claim 152.00$ 608.00$ 32 Project Manager 103 Reporting: Expanded Site Map, SS Logs, GW Monitoring, GW Gradient Calcs and Cleanup options identified 118.00$ 3,776.00$ 12 Field Scientist 104 Compile Data, Maps and Data Tables Preparation 101.00$ 1,212.00$ 2 Professional Geologist 102 Review Documents per DOPL requirements, PG Stamp 147.00$ 294.00$ 2 PST Claims Specialist 121 Final PST Claim Prep 78.00$ 156.00$ 4 Admin Assistant 123 Publishing, Mailing, Office Management 61.00$ 244.00$ Subtotal 6,290.00$ SUBCONTRACTORS Item Quantity Unit Rate Total None Anticipated Subtotal -$ OTHER DIRECT COSTS Item Quantity Unit Rate Total None Anticipated Subtotal -$ Task Total 6,290.00$ GRAND TOTAL 32,316.06$ Page 3 of 3 94.4 94.9 9 4.9 s s sW W S1 S2 S3 S4 S5 S6 WS-1 Former UST Basin Former Dispenser Islands SHOP OFFICE WS-2 S7 S S W W P P as p h a l t gr a v e l s s s s MW-1 MW-2 MW-3 MW-4 MW-5 B2 B3 B4 B5 B6 B7 B1 95.52 94.74 94.18 94.03 94.70 Proposed Down Gradient Monitoring Wells Killian’s Service 150 East Main St. Duchesne, Utah Facility ID #9000190 Release OCB Work Plan OCB-03 SITE PROPOSED DOWNGRADIENT MONITORING WELLS approx. scale in feet one inch ~ 30 feet 00 3015 94. 0 Groundwater Contour with Flow Direction NORTH Underwood Environmental Consulting, Inc. 9475 N. Silver Creek Road  Park City, Utah 84098  Phone 801 831-6966  Fax 888 472-0977 __________________________________________________________________________ REQUEST FOR BID February 6, 2024 Soil Borings - Soil Sampling - Monitor Wells SITE: Killian’s Service 150 East Main St, Duchesne, Utah Facility ID #9000190, Release Site OCB SCOPE: Soil Borings: Furnish labor, equipment, and material for the installation of two (2) exploratory soil borings to approximately 15 feet below grade. Core asphalt/concrete surface at five locations to accommodate well vault box and concrete apron. To protect utilities, and other subsurface features, each boring/well location must be cleared by daylighting using water-knife to at least four (4) feet below grade. Collect continuous soil samples to total depth of boring. Both boring locations shall be converted to 2-inch diameter monitoring wells. Monitor Wells: Furnish labor, equipment, and well materials for the installation of two (2) monitoring wells to approximately 15 feet below grade. Core asphalt to appropriate diameter. Provide and install 10 feet of 0.02 inch slot, pre-pack, screen, 5 feet blank casing, locking well caps, sand pack, and bentonite seal, as appropriate. Provide two, 8-inch diameter, Emco Wheaton, or equivalent, vault boxes and concrete apron for surface completions at grade. Daylighting spoils and drill cuttings to be thin spread on the Killian’s property as directed. UEC will contact Blue Stakes and provide locate ticket number to Contractor. GPR Survey: If Contractor has GPR or utility clearance capabilities, please provide a separate line item estimate for clearance of two (2) boring/well locations. SUBSURFACE CONDITIONS: Based on the 2022 on-site drilling event dense cobbles were contacted below a depth of eight feet. Silty Clay and Sand were encountered as well. Hydrocarbon odors may be present. Mini-ODEX Drill Rig is recommended. Please Specify Your Proposed Drill Rig Type and Model. BID FORMAT: Unit Pricing (please use your own Contractor’s bid proposal format). Please direct any questions you may have to: Earl (801) 831-6966. Submit Bid via email to: earl@underwoodenvironmental.com (No later than 5:00 PM, Friday, February 16th, 2024). Price Quotation Contact:Earl Underwood Quote No.:O-24-60-20416 Firm:Underwood Environmental Address:9475 Silver Creek Rd. Park City, Ut 84098 Telephone:(435) 658-0094 Cell:(406) 539-8439 E-mail:earl@underwoodenvironmental.com Date:February 12, 2024 Site:Killian's Service in Duchesne Utah PROJECT SCOPE The following outlines our understanding of the scope of work: ● Drill two (2) borings to a depth of 15 feet or refusal using standard ODEX drilling techniques. ● Sample continuous on 2 ft intervals as directed by field personnel using conventional split-spoon and Shelby Tube samplers. ● Daylighting will be needed on all locations. ● All of the locations will be completed with monitoring wells. The wells will be constructed with 10 feet of 2 inch diameter pre-packed well screen, followed by 5 feet of 2 inch diameter well casing. The borehole annulus will be backfilled with silica sand to 2 feet above the top of the screen, followed by bentonite chips to the surface. ● The wells will be completed with 8 inch flush mount well cover placed inside a 2 ft concrete pad. ● All equipment will be decontaminated between borings. ● All left over cuttings can be spread out around site. ● All locations will have to be cored large enough for the well vaults to be place inside concrete. ● The boring locations are accessible to our track mounted rigs and support trucks with no overhead restrictions. PROJECT COSTS The following tables outline our unit pricing for performing the scope as outlined above. Rate Unit Est. Qty.Est. Total 5,500.00$ LS.1 5,500.00$ Daily Crew Travel To/From Site (when rig left on site)185.00$ Hr.1 185.00$ 350.00$ Hr.10 3,500.00$ 250.00$ Day 2 500.00$ Drill Rig Standby and Moving 300.00$ Hr.1 300.00$ Compressor 400.00$ Day 2 800.00$ Steam Cleaner 150.00$ Day 1 150.00$ 20.00$ Ea.6 120.00$ Silica Sand (20# Bag)25.00$ Ea.14 350.00$ Concrete (80# Bag)15.00$ Ea.4 60.00$ 2"x5' Sch 40 PVC Pre-Pack Well Screen 150.00$ Ea.4 600.00$ 2"x5' Sch 40 PVC Well Casing 62.50$ Ea.2 125.00$ 2" Thread Bottom Cap 23.50$ Ea.2 47.00$ 2" Locking Top Cap 29.50$ Ea.2 59.00$ Track Mounted ODEX Rig Item Mob/Demob Drilling, Sampling and Install Drilling Support Trucks Bentonite Chips (50# Bag) 3750 West 500 South Salt Lake City, UT 84104 Tel: (801) 973-3801 Fax: (801) 973-3802 Email: saltlakecity@conetec.com Quotation valid for 90 days. ConeTec reserves the right to renegotiate prices if there is a decrease in units that results in a reduction in the total invoice by more than 25%. Underwood Environmental Quote No.: O-24-60-20416 February 12, 2024 Page 2 of 2 PROJECT COSTS - continued Rate Unit Est. Qty.Est. Total 8" Flush Mount Well Cover 125.00$ Ea.2 250.00$ Core Machine and Generator 475.00$ Day 2 950.00$ ODEX Bit Wear Charge 13.50$ Ft.30 405.00$ Daylighting Services 3,000.00$ Day 1 3,000.00$ 500.00$ Day 2 1,000.00$ 17,901.00$ 895.05$ 18,796.05$ Please note the following items: ● Site access and location staking is to be provided by client. ● The client is responsible for calling in all utility locates and providing complete tickets for ConeTec to duplicate a minimum of 3 working days prior to mobilization. ● ConeTec will perform CPT/drilling at the locations as marked by the client where it is safe and possible for rig setup. ● Any CPT/boring locations within 10 feet of any marked utilities may require pre-clearance of the CPT/boring location. The method of pre-clearance will depend upon the type and size of the utility. Additional charges may apply for pre- clearance of the utilities. ConeTec will not be responsible for damages or repairs to any miss-marked or unmarked utilities. ● This price quote represents our best estimate based on information provided. The invoice will be based on actual quantities. 5% Fuel Surcharge: Estimated Drilling Grand Total: Per Diem ( 2-Person Crew) Estimated Drilling Total: Track Mounted ODEX Rig - continued Item Quotation valid for 90 days. ConeTec reserves the right to renegotiate prices if there is a decrease in units that results in a reduction in the total invoice by more than 25%. 20-1339913 | www.directpushservices.com Direct Push Services LLC PO Box 25784 Salt Lake City, UT 84125 (801)230-1721 sean@directpushservices.com Estimate ADDRESS Earl Underwood Underwood Environmental 9475 Silver Creek Rd. Park City, UT 84098 ESTIMATE #240071 DATE 02/21/2024 EXPIRATION DATE 06/30/2024 P.O. NUMBER SALES REP Killian's Service Duchesne Sean Bromley DATE ACTIVITY QTY RATE AMOUNT 7822 Track Geoprobe Rig to collect soil samples using Direct Push and Switch to ODEX to install 2" Pre-Pack wells. 1 2,250.00 2,250.00 Mob/Demob Drill rig and Support Truck with Vac/Air Compressor, materials. 1 1,850.00 1,850.00 GPR Utility Locating 1 1,650.00 1,650.00 Coring Asphalt/Concrete for flush mount completions 2 110.00 220.00 Daylighting 0-4'2 450.00 900.00 MC 60 in PVC liner 6 15.00 90.00 Air Compressor 1 850.00 850.00 Provide and install 10 feet of 0.02 inch slot, pre-pack, screen, 5 feet blank casing, locking well caps, sand pack, and bentonite seal, as appropriate. Provide two, 8-inch diameter, Emco Wheaton, or equivalent, vault boxes and concrete apron for surface completions at grade. 2 900.00 1,800.00 Decon 1 150.00 150.00 Per diem 1 450.00 450.00 -GPR to clear each boring location. -Core Concrete/Asphalt for flush mounts -Daylight 0-4' -Collect continuous soil samples 4-15' using direct push. -Use ODEX to install 2" pre-pack wells at 15'. Complete with 10' Pre-Pack Screen, 5' casing, locking caps, sand, bentonite, 8" flush mount set in concrete apron. Drive 1 day prior to start. Stay the night and begin early am. Complete drilling in 1 day and demob same day. GPR can be TOTAL $10,210.00 Petroleum Storage Tank Trust Fund Claims Packet (2/27/17) Form B Petroleum Storage Tank Trust Fund Work Plan Approval Application and Agreement Work Plan No. OCB-03, Amendment No. ___ Facility Name: Killian’s Service Address: 150 East Main Street , Duchesne, Utah Facility ID No.: 9000190 Release ID: OCB ("Release") Owner/Operator, responsible party, or other person seeking PST Trust Fund Reimbursement: Melissa Killian (Killian’s Service) ("Claimant") Utah-Certified UST Consultant: Underwood Environmental Consulting, Inc. ("Contractor") In submitting Work Plans OCB-03 and amendments thereto for the above referenced Release OCB for approval, the Claimant and the Contractor collectively, the "Parties," represent and agree to the following: Definitions: "Contractor" means the person identified as such above. "Claimant" means the person identified as such above. “Parties” means Claimant and Contractor. "Division Director" means the Division Director of the Division of Environmental Response and Remediation. “PST Fund" means the Petroleum Storage Tank Trust Fund. "Release" means the release identified above. "State" means the State of Utah including its agencies, officers, employees, volunteers and specifically, the Division of Environmental Response and Remediation (DERR), the Division Director of the Division of Environmental Response and Remediation, and the Petroleum Storage Tank Trust Fund. "Work Plan" means the work plan identified above. 1. The key personnel, for which qualifications are submitted under R311-207-3(c), are: Earl Underwood, James McReel. 2. The Claimant acknowledges that the Claimant is required to obtain a payment bond from the Contractor under Section 14-2-1 of the Utah Code. If the Claimant fails to do so, the Claimant is liable to each person who performed labor or services or supplied equipment or materials ("Subcontractors") in the event the Contractor does not pay the subcontractors, even if the Claimant has paid the Contractor (Utah Code Section 14-2-2). The Claimant acknowledges and agrees that the PST Fund will not reimburse the Claimant for such Subcontractors’ claims for payment against the Claimant if the PST Fund has already made Petroleum Storage Tank Trust Fund Claims Packet (2/27/17) Form B payment to the Claimant or Contractor. The Claimant understands that the premium paid for a payment bond is reimbursable. Therefore, the Claimant: a. Has required the Contractor to obtain 100 percent payment bond through a United States Treasury-listed bonding company, and attached a copy, or; b. Has obtained other equivalent assurance and waives all claims and remedies against the State if the equivalent assurance does not adequately protect the Claimant. The equivalent assurance is described as follows: Underwood Environmental Agreement for Professional Services Contract between Killian’s Service and Underwood Environmental Consulting, Inc. 3. The Parties agree that the Contractor shall have no cause of action against the State for payment. The Parties acknowledge and agree that the State is not a party to any contract with the Claimant or the Contractor for reimbursement from the PST Fund in the execution of this Work Plan, except to the extent provided by a contract signed by the Division Director. Instead, the Claimant’s reimbursement is governed by the Utah Underground Storage Tank Act and the Utah Underground Storage Tank Rules. The Contractor is entitled to reimbursement solely under his/her contract with the Claimant. 4. The Parties agree that they will use a subcontracting method consistent with the requirements of R311-207. 5. The Parties agree that, as a condition of performing the work under the work plan, the Contractor shall carry the insurance specified in R311-207-3(c)(4). The Contractor represents that the Certificate of Insurance documenting the required insurance is attached or that a current certificate is on file with the Division Director and has been provided to the Claimant. The Parties assume the risk and responsibility of ensuring that the appropriate insurance coverage is in place. 6. The Parties agree that payments from the PST Trust Fund shall be limited to amounts that are customary, legitimate, reasonable and consistent with R311-207. Unless the Parties and the Division Director have entered into a written Pay-for-Performance agreement, the Parties acknowledge that payments will be for actual time and materials expended up to, but not exceeding, the amount of the Division Director approved work plan and Executive Secretary (UST) approved change orders, if any. 7. The Parties shall maintain financial and operation records in sufficient detail to document all transactions relating to PST Fund reimbursement for the execution of this work plan. The Parties shall make available for audit and inspection all such records relating to the completion of the work plan and related services, requirements, and expenditures until all audits initiated by State auditors are completed, or for a period of five years from the date of PST Fund reimbursement related to the execution of this work plan. Records which relate to disputes, litigation, or the settlement of claims arising out of the performance of this work plan, or to cost and expenses of this work plan as to which exception has been taken by the Division Director, shall be retained by the Parties until disposition has been made of such disputes, litigation, claims, or exceptions. Petroleum Storage Tank Trust Fund Claims Packet (2/27/17) Form B 8. The Parties certify that there is a contract between the Claimant and the Contractor for the performance of work under the work plan for which approval is sought ("Contract") and incorporate the provisions herein into that Contract. To the extent that the Contract or amendments thereto conflict with any provisions herein, the provisions herein govern. The Parties shall provide the Contract to the Division Director upon request. 9. The Division Director is a third party beneficiary of this Petroleum Storage Tank Trust Fund Work Plan Approval Application and Agreement and may enforce its provisions. 10. This Petroleum Storage Tank Trust Fund Work Plan Approval Application and Agreement does not limit the Division Director’s rights and remedies under applicable law. L. Earl Underwood, 3/22/2024 Contractor_______________________________________________________________ Signature, Printed Name, and Date Claimant___________________________________________________________________ Signature, Printed Name, and Date Melissa Killian 03/25/2024 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into by and between Melissa Killian – Killian’s Service (“Company”) and Underwood Environmental Consulting, Inc. (“Contractor”) effective this ____day of March, 2024. 1. Services A. Scope of Work Company hereby employs Contractor to perform, under terms and conditions set forth in this agreement, environmental services (“Services”) as described in the WORK PLAN and BUDGET entitled “Subsurface Investigation Offsite Well Installation” and dated March 22, 2024. B. Standard of Performance All environmental samples are obtained by a State certified sampler and chemically analyzed by a State Certified Laboratory in accordance with State of Utah Department of Environmental Quality regulations. Contractor makes no guarantee, either expressed or implied, that environmental conditions throughout the site are represented by the analytical results. 2. Compensation and Expenses Fees and Charges. Contractor will be compensated or reimbursed for work done and costs incurred pursuant to this agreement, provided, however that the total of such compensation or reimbursement shall not exceed the sum of $32,168.06 without an approved addendum. This sum shall constitute compensation for all costs, expenses, overhead and fees in connection with the Services. 3. Limitations of Liability The Company agrees that Contractor’s total liability for services performed under this agreement, regardless of whether claims are made for breach of contract, negligent acts, errors and omissions, or any other matter, shall be limited to compensation payable under the Agreement as set forth in paragraph 2. 4. Title Services performed under this Agreement are performed for Company’s exclusive use and no other entity shall be entitled to rely on work done or information developed under this Agreement without Contractors express written authorization, nor shall Contractor be liable to any third party for such use. In the event of any reuse by the Company of information prepared under this Agreement for purposes other than that intended by this agreement, Contractor shall not be liable to the Company for any damages arising out of the reuse. 5. Attorneys Fees and Costs If either party is required to enforce its rights under this agreement as a result of a breach of another party, whether or not a lawsuit is brought, the breaching party shall promptly pay the non-breaching party’s reasonable attorney fees and court costs. “Contractor” UNDERWOOD ENVIRONMENTAL CONSULTING, INC 3/22/2024 by:_____________________________ date _______ Title: President “Company” __________________________________ by:_______________________________date_______ Title:________________________________________ Killian's Service 03/25/2024 Owner/Operator