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
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S1 S2
S3 S4
S5
S6
WS-1
Former UST Basin
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SHOP
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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