DERR-2025-000934

Rockwell Solutions, Inc., 718 E. Bridger Lane, Elk Ridge, UT 84651 801-361-2930 [e-mail]
1

Rockwell Solutions, Inc.
718 E Bridger Lane
Elk Ridge, UT 84651
[phone]
January 24, 2025

Mrs. Andrea Johnson
Jenkins Oil Co.
PO Box 1356
Cedar City, UT 84721

Re: Soil Vapor and Groundwater Extraction (OLF-2)
Rally Stop #8, 10 E Center Street, Panguitch, Utah
Facility ID: 6000053 Release ID: OLF

Dear Mrs. Johnson:

Rockwell Solutions, Inc. submits this work plan and budget to conduct remediation activities at the
above referenced site. PST Fund payment claims will reference this work plan and specific tasks
itemized below.

INTRODUCTION

A release was reported from the premium gasoline underground storage tank (UST) at the site on
August 5, 2024, after a tank tightness test confirmed a Veeder Root release alarm. It was estimated
that approximately 250 gallons of gasoline were released. The tank was immediately emptied and
taken out of service. The release was assigned code OLF. A subsurface investigation defined the
extent of soil and groundwater contamination.

The purpose of the corrective action is to remove free product and contaminated groundwater in the
identified plume.

METHOD

Rockwell Solutions recommends high vacuum dual phase extraction (HVDPE) to remediate soil and
groundwater contamination. Soil vapors and groundwater will be removed by an onsite vacuum truck
and treated onsite.

Based on the subsurface investigation activities, it appears that the released fuel migrated vertically
below the tank basin through the sandy gravel to the water table at approximately forty feet deep
without significant horizontal migration. Rockwell Solutions recommends placing extraction wells in
the tank basin adjacent to the leaking tank and on the northern edge of the tank basin. See Figure 1.
Existing wells MW-2 and MW-5 will also be used as extraction wells.

Work Plan OLF-2, HVDPE, Rally Stop #13, Panguitch, Utah. 6000053
Rockwell Solutions, Inc., 718 E. Bridger Lane, Elk Ridge, UT 84651 801-361-2930 [e-mail]
2

The USTs are scheduled to be removed in 2025. At that time, soil contamination down to
approximately twenty feet can be removed by excavation. However, the deeper soil contamination
from twenty to forty feet deep would be inaccessible by excavator. It is believed that, due to the
coarse-grained nature of the soils and the high vapor pressure of the released gasoline, HVDPE can
effectively remediate the soil contamination.

No free product was discovered during the subsurface investigation. It appears that groundwater
contamination has not yet migrated offsite. However, migration is likely based on the coarse-grained,
saturated soils. Prompt removal of the impacted groundwater at the source will help keep offsite
migration to a minimum.

SCOPE OF WORK

Additional Well Installation and Groundwater Monitoring
To maximize the efficiency of HVDPE, additional monitoring wells will be installed in and adjacent to
the tank basin where the release occurred.

A PVC casing will be advanced in the pea gravel between and on the edge of the USTs. To protect the
USTs, the PVC casing will be advanced by the driller using vacuum equipment to the bottom of the
pea gravel and then the pea gravel will be removed from inside of the casing. The forty-five-foot-deep
monitoring/extraction wells can then be advanced through the casing.

The wells will be installed using odex methodology by Direct Push Services and overseen by Rockwell
Solutions personnel.

Split spoon samples will be collected approximately every ten feet starting at fifteen feet deep. Soil
will be evaluated using a photoionization detector (PID). One or two samples will be collected from
each boring for laboratory analysis. Soil samples will be analyzed for MTBE, benzene, toluene,
ethylbenzene, and total xylenes (MBTEXN), and total petroleum hydrocarbons-gasoline range
organics (TPH-GRO) using EPA Method 8260 and TPH-diesel range organics (TPH-DRO) using EPA
Method 8015.

The extraction/monitoring wells will be constructed of two-inch PVC with twenty-five feet of screen.
The wells will be developed and then surveyed with a transit level and tied in to the existing
monitoring well network.

Pre-event Groundwater Sampling
Prior to beginning extraction, depth to water measurements and groundwater samples will be collected
from all eight monitoring wells:

Groundwater samples will be analyzed for MBTEXN and TPH-GRO using EPA Method 8260 and
TPH-DRO using EPA Method 8015.

Work Plan OLF-2, HVDPE, Rally Stop #13, Panguitch, Utah. 6000053
Rockwell Solutions, Inc., 718 E. Bridger Lane, Elk Ridge, UT 84651 801-361-2930 [e-mail]
3

HVDPE Extraction

CalClean will mobilize to the site and set up their mobile remediation unit onsite. CalClean will
extract, treat, and discharge groundwater into the sanitary sewer. A discharge permit from Panguitch
City will be obtained for the treated groundwater. Extracted vapors from the subsurface as well as
volatilized contaminants from the groundwater treatment will pass through a thermal oxidizer before
emission. The Division of Air Quality does not require permitting for a mobile treatment unit.

The HVDPE, sixty-day event, will draw from MW-2, MW-5, and the two new wells. The system will
run and be monitored 24 hours per day by CalClean personnel. Rockwell Solutions personnel will be
onsite for system set up and monitoring on the first two days and approximately biweekly afterwards.
Groundwater levels in wells adjacent to the extraction wells will be checked daily to determine the
radius of influence of the extraction. Rockwell Solutions will review the daily field sheets provided by
CalClean personnel.

Post HVDPE Groundwater Sampling
Approximately two to four weeks after the completion of the extraction event, groundwater samples
will be collected from the eight monitoring wells.

Groundwater samples will be analyzed for MBTEXN and TPH-GRO using EPA Method 8260 and
TPH-DRO using EPA Method 8015. Depth to water will be measured in each well to evaluate the
extraction effect on the groundwater table.

Report
CalClean will provide a report on quantities of groundwater removed, as well as daily thermox and
depth to water readings. A final report will be prepared by Rockwell Solutions documenting
groundwater sampling results after the extraction event to evaluate its success.

KEY PERSONNEL

Professional Geologist, Project Manager, Field Geologist: David Hansen

SUBCONTRACTORS

Drilling and Well Installation: Direct Push Services
High Vacuum Dual Phase Extraction: CalClean
Laboratory: Chemtech Ford

COST ESTIMATE

Rockwell Solutions, Inc. estimates the cost to complete the work as described in this work plan is
approximately $235,160.87. A detailed cost breakdown is presented in Table 1. The estimated budget
will require adjustment if the scope of services identified herein is modified.

Work Plan OLF-2, HVDPE, Rally Stop #13, Panguitch, Utah. 6000053
Rockwell Solutions, Inc., 718 E. Bridger Lane, Elk Ridge, UT 84651 801-361-2930 [e-mail]
4

Thank you for the opportunity to work with you on this project. If you have any questions or concerns,
please feel free to contact me at your convenience.

Sincerely,

David Hansen
Rockwell Solutions, Inc.
Certified UST Consultant CC130

cc : Alex Thompson, DERR
MW-3
0.020
Figure 1 Proposed Extraction Wells
Rally Stop #8
10 E Center Street
Panguitch, UtahNORTH
Approx. scale in feet
00 30
teWar
Gas
Sewer
tElecric
Teehnlpoe
Srmato Drin
Monitoring Well
MW-4
<0.005
MW-5
0.410
MW-6
<0.005
MW-1
62.94
Proposed Extraction Well
Benzene Concentration (mg/L)
Tier 1 Contour (0.30 mg/L)
MW-2
0.476
MW-1
0.007
ISL Contour (0.005 mg/L)
Monitoring Well
20-1339913 | www.directpushservices.com
Direct Push Services LLC
PO Box 25784
Salt Lake City, UT 84125
[phone]
[e-mail]
Estimate
ADDRESS
Dave Hansen
Rockwell Solutions
718 East Bridger Lane
Elk Ridge, UT 84651
ESTIMATE #240414
DATE 01/09/2025
EXPIRATION DATE 04/30/2025

P.O. NUMBER SALES REP
Panguitch ODEX/Daylight Sean Bromley
DATE ACTIVITY QTY RATE AMOUNT
Mob/Demob Drill rig/Air Compressor 500 4.00 2,000.00
Mob/Demob support truck with Air Compressor and
Tooling.
500 3.00 1,500.00
Mob/Demob support truck with VAC and Materials 500 3.00 1,500.00
Cost per location to ODEX up to 45'. Sample every 10'2 2,650.00 5,300.00
2" PVC monitoring wells with 25' screen set up to 45'.
Completed with sand, bentonite, flush mount and concrete
apron.
2 2,700.00 5,400.00
Air Compressor 2 850.00 1,700.00
Coring Concrete 2 110.00 220.00
Per diem (Drill crew (2) (Vac Crew (1)3 450.00 1,350.00
Vac pea gravel to set 6" PVC casing up to 15' bgs. Cut
PVC below grade and leave in place for drilling access.
1 3,500.00 3,500.00

Panguitch:
2 wells to 45 feet
25 feet of screen
odex will be required
collect samples every ten feet
concrete coring for both locations
daylight/clear hole to bottom of pea gravel (estimate 14 feet) and
set outer casing
TOTAL $22,470.00
Accepted By Accepted Date
Price Quotation
Contact:Dave Hansen Quote No.:O-25-60-24710
Firm:Rockwell Solutions, Inc.Revision No.:0
Address:718 East Bridger Lane
Elkridge, UT 84651
Telephone:[phone]
Fax:[phone] Cell:
E-mail:[e-mail]
Date:January 17, 2025
Site:Monitor Well Installation in Panguitch, Utah
SCOPE OF WORK
The following outlines our understanding of the proposed scope of work:
● Drill two and install (2) borings to 45 feet using conventional sonic drilling techniques.
● The monitor wells are located inside of an existing underground storage tank basin and will require 6-inch or larger PVC
casing to be advanced to a depth of approximately 15 feet through pea gravel back fill using a vacuum excavator. The
PVC casing does not need to be grouted and can be left in place after the installation of the monitor well.
● The monitor wells are to be constructed of 2-inch diameter, Sch. 40, PVC well flush threaded well casing with 25 feet of
0.020-inch factory slotted screen. The borehole annulus is to be backfilled with 10/20 silica sand to 1-foot above the top
of the screen followed by bentonite chips to 1-foot below the existing ground surface. The monitor wells are to be
completed with an 8-inch flush mount well cover set in concrete.
● Drill cuttings are to be spread out evenly on site.
● Decontaminate the drilling and sampling equipment between the monitor wells. The decontamination water can be
released to the ground surface.
● The borings are located on concrete pavement and will require coring prior to installation of the PVC casing and monitor
wells.
● All boring locations are accessible to our track mounted sonic drill rig and support trucks, with no overhead restrictions.
PROJECT COSTS
advance an 8-inch diameter, PVC well casing through the pea gravel back fill prior to drilling the monitor well using conventional
sonic drilling techniques.
Rate Unit Est. Qty.
Mob/Demob 13,500.00$ LS 1
Crew Travel To/From Site When Rig is Left On site Overnight 275.00$ Hr.4
Sonic Drilling, Casing Installation and MW Installation 675.00$ Hr.40
F550 Support Truck and Trailer 350.00$ Day 4
F350 Support Truck 250.00$ Day 4
Sonic Drill Support 600.00$ Day 4
Skid Steer 275.00$ Day 4
Steam Cleaner 275.00$ Day 4
Coring Machine 465.00$ Day 4
Trailer Mounted Vacuum Excavator 750.00$ Day 4
6" Sonic Casing Wear 17.50$ Ft.30
7" Sonic Casing Wear 20.00$ Ft.0
8", Sch. 40, PVC Casing 100.00$ Ft.30
8", Sch. 40, PVC Coupling 75.00$ Ea.10
2"x5', Sch. 40 PVC, Pre-packed, Well Screen (0.020" Slot)250.00$ Ea.10
2"x10', Sch. 40 PVC Well Casing 112.50$ Ea.4
1,000.00$
1,100.00$
-$
525.00$
The following table outlines our unit pricing for performing the drilling and well installation as outlined above. We propose to
13,500.00$
Track Mounted Sonic Drill Rig
2,400.00$
3,000.00$
750.00$
2,500.00$
450.00$
Item Est. Total
1,100.00$
27,000.00$
1,400.00$
1,100.00$
1,860.00$
3,000.00$
3750 West 500 South
Salt Lake City, UT 84104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
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%.
Rockwell Solutions, Inc.Quote No.: O-25-60-24710
January 17, 2025 Page 2 of 2
PROJECT COSTS, Continued
Rate Unit Est. Qty.
2" Sch. 40 PVC Threaded Bottom Cap 17.50$ Ea.2
2" Locking Cap 35.00$ Ft.2
10/20 Silica Sand (50# Bag)27.50$ Ea.16
Bentonite Chips (50# Bag)20.00$ Ea.16
8-inch Flush Mount Well Cover 150.00$ Ea.2
Concrete Mix (80# Bag)16.50$ Ea.8
Per Diem (4-Person Crew)1,200.00$ Day 4
Drill Rig Standby 500.00$ Hr.0
Estimated Subtotal:
5% Fuel Surcharge:
Estimated Grand Total:
Notes:● A 3% discount will be allowed for invoices paid with 30 days of the invoice date. A 2% discount
will be allowed for invoices paid within 60 days. Any invoices paid after 60 days from the date of the
invoice will be charged at the rates as outlined above.
● The client is responsible for calling in all utility locates and providing confirmation numbers a minimum
of 3 working days prior to mobilization.
● ConeTec will perform the drilling at the locations as marked by the client where it is safe and possible
for rig setup.
● Any boring locations located within 10 feet of any marked utilities may require pre-clearance of the
boring. 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.
70,121.10$
66,782.00$
3,339.10$
320.00$
300.00$
132.00$
4,800.00$
-$
70.00$
440.00$
Track Mounted Sonic Drill Rig
Item Est. Total
35.00$
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%.
V1.0 March 2016
Page 1 of 3 Initials .

Standard Terms and Conditions – Site Investigation Services
ConeTec, Inc.’s (“ConeTec”) Price Quotation or Proposal (the “Proposal”) is subject to the following terms and conditions
(the “Agreement”) and, by accepting the Agreement or any part thereof, the Customer agrees to and accepts them
without reservation. ConeTec and Customer are referred as the Parties.
1. AGREEMENT
This Agreement constitutes the entire agreement between ConeTec and the Customer and supersedes any
previous agreements in connection with this Agreement whether oral or in writing. No waiver or change in the
terms and conditions contained in this Agreement shall be binding on ConeTec unless specifically agreed to by
both Parties in writing.
Notwithstanding the foregoing, if ConeTec has entered into a separate and formal subcontract (“Subcontract”)
or other agreement, such as a Master Services Agreement (“MSA”), with the Customer applying to the Proposal
of this Agreement, and the terms of such Subcontract or MSA differ from those contained herein, the terms of
such Subcontract or MSA shall prevail.
All terms and conditions listed within the Proposal, Work Order, Task Order or Purchase Order (PO) will also
prevail in regards to contradictory or inconsistent terms listed in other contract documents (including an MSA).
It will be understood that the Customer has accepted the terms and conditions listed when entering into any
agreement or contract with ConeTec.
2. PROVISION OF WORK
If, in the reasonable opinion of ConeTec, the Work:
Will not be completed by the date or dates specified, or,
An unforeseen change in site or ground conditions result in a significant change in the volume of work, or
equipment required,
ConeTec may, at its option, advise the Customer and request a Change Order or PO extension (refer also to Term 9
CHANGES below). Otherwise ConeTec will make every effort to expedite the Work including the utilization of additional
shifts and equipment or by subcontracting portions of the Work, with these costs being invoiced to the Customer as
outlined in the Proposal, or as notified to the Customer.
3. DOCUMENTATION
ConeTec shall complete a Field Summary Sheet(s) for the Work. Field Summary Sheets describe work activities including
(not all inclusive): times and durations of tasks, tests completed, holes drilled, equipment utilized and personnel on site.
The Field Summary Sheet(s) can be provided daily to the Customer, or can accompany each invoice to the Customer as
supporting documentation, upon request. An example Field Summary Sheet is available upon request.
4. WAIVER
The Customer waives any right it may have against ConeTec for:
Ensuring the clearance of all underground services. It is the responsibility of the Customer to perform private
utility checks and clearances and provide direction where to start each hole in order to avoid disturbance of a
utility. ConeTec will request proof that such utility clearance(s) have occurred. ConeTec will not be responsible
for any damage done to any underground utilities, services, structures, etc .
Pollution of any kind encountered or generated on site and for any cross-contamination issues related to our
services.
Obtaining any permits related to the scope of work. Unless specifically and mutually agreed to between
ConeTec and the Customer, ConeTec assumes no responsibility for obtaining permits required to begin work.
5. INVOICING
All invoices submitted by ConeTec to the Customer pursuant to the terms of this Agreement may include the following:
Total hours or feet drilled/pushed for labor and equipment.
Consumable materials and supplies provided.
V1.0 March 2016
Page 2 of 3 Initials .

Subcontracted services (typically at cost +15%, unless otherwise mutually agreed upon by the Parties).
Supporting documentation (upon request).
Work Agreement number, PO number or otherwise, if provided and required by Customer.
Unless a Lump Sum quotation is provided, the invoice shall be based on the actual production units involved,
not on the estimate or quote within the Proposal. The invoiced amount may therefore be lower or higher than
the estimate.
Should the total invoiced amount not be permitted to exceed the value of this Agreement without a pre-
approved change (Change Order, PO extension, or otherwise), ConeTec will rely on the Customer to advise on
this requirement. ConeTec will make every effort to advise the Customer of cost overruns in advance of this
occurring or the actual invoice submission.
ConeTec shall be reimbursed by the Customer for all downhole equipment that is lost or broken under
conditions that are, in the opinion of ConeTec, outside of ConeTec’s reasonable control or understanding .
ConeTec reserves the right to renegotiate prices if there i s a decrease in actual production units resulting in a
reduction in chargeable costs by more than 25%
6. PAYMENTS
Invoice payments will be due within 30 days of the invoice date. Credit will not be extended beyond 30 days.
If there is a dispute over the invoiced amount, the Customer shall notify ConeTec immediately and no later than
7 days after receipt of the invoice.
100% mobilization/demobilization costs may be required to be paid prior to project commencement.
Unless otherwise specified by ConeTec, Proposals are valid for a period of 60 days.
For special conditions or extraordinary circumstances, ConeTec may, at the request of the Customer, negotiate
extraordinary terms of payment.
7. RIGHT OF SET-OFF
ConeTec may, at its option, set-off any amounts otherwise due from the Customer to ConeTec under this Agreement
against any amounts or liabilities that are due from ConeTec to the Customer.
8. ASSIGNMENT
ConeTec will not assign or further subcontract the Work, either in whole or in part, without the prior written consent by
the Customer.
9. CHANGES
If ConeTec becomes aware of a Change for which it has not received notice of by the Customer, ConeTec will
provide notice to the Customer before proceeding with the changed Work, unless such change of Work if not
performed immediately will cause unnecessary delays and additional costs to the Work.
Otherwise any adjustment to the estimated price within the Proposal resulting from a Change shall be agreed to
in writing by the Parties.
Should the Customer fail to notify ConeTec within 24 hours of becoming aware of a change in the Work, it shall
not be entitled to make any claim or to any adjustment to the Work schedule in relation to that change.
10. INDEMNITY AND LIABILITY
Customer will indemnify and save harmless ConeTec and their employees, agents, representatives, servants,
volunteers, directors, officers, subsidiaries, parent companies, affiliated or related organizations, from any loss,
injury or damage including consequential loss arising from Customer’s performance or non-performance of this
Agreement to the extent caused, or contributed to by Customer or those for whom it is in law responsible.
ConeTec will indemnify and save harmless the Customer and their employees, agents, representatives, servants,
volunteers, directors, officers, subsidiaries, parent companies, affiliated or related organizations, from any loss,
injury or damage including consequential loss arising from ConeTec’s performance of this Agreement to the
extent caused, or contributed to by ConeTec or those for whom it is in law responsible.
ConeTec will assume no liability for any loss of profits, loss of use, or any other indirect or consequential
damages arising out of or related to our site investigation services or data reporting.
V1.0 March 2016
Page 3 of 3 Initials .

11. INSURANCE
ConeTec’s liability, however determined, shall be limited to the amounts of its insurance in force at the time of any loss.
Additional insurance, if necessary and requested by the Customer, can be secured at additional cost and expense to the
Customer.
12. HEALTH, SAFETY AND ENVIRONMENT
Prior to commencement of the project, the Customer shall notify ConeTec of any occupational health and safety issues
relating to the site where the work will take place.
13. AVAILABILITY
All Proposals are subject to the availability of ConeTec’s personnel and equipment at the time of award.
14. REPORTING
The report prepared by ConeTec is for a specific site and project subject to specific objectives, site conditions
and criteria provided to ConeTec by the Customer. The output may not be relied upon by any other party or for
any other site without the express written permission of ConeTec or any of its affiliates. ConeTec prepares
factual data reports and geotechnical parameter calculations consistent with current best practices. No other
warranty, expressed or implied, is made.
Upon request and as required, ConeTec may release draft quality field data and/or plots to Customer. ConeTec
does not recommend the use of the draft data for Customer’s final analysis, design or engineering decisions.
ConeTec will only release final data after internal processing and review procedures.
ConeTec’s reports may contain GPS coordinates acquired from various types of GPS equipment . These
coordinates are approximate locations and should not be used for design purposes.
15. TIME OF ESSENCE
Time is of the essence for this Agreement.
16. GOVERNING CONDITIONS
The Work shall be governed by and interpreted in accordance with the laws of the jurisdiction in which this Agreement
originated. ConeTec and the Customer agree to comply at its sole cost with every law, regulation or ordinance, whether
Federal, State or Municipal, applicable to the services and goods required for provision of Work ca lled for under this
Agreement.
17. COMPLIANCE
The Work called for in this Agreement shall comply with all applicable codes, standards and/or regulations of the
governing inspection authorities at the place of Work.
18. DISPUTE RESOLUTION
In the event a dispute between ConeTec and the Customer as to their respective rights and obligations under this
Agreement cannot be resolved by negotiation and/or mediation , the dispute shall be referred to and finally resolved by
an accredited arbitrator nearest to the project who has expertise in reviewing the dispute, provided the mediator is not
in any way financially, or otherwise, interested in the business of any the Parties or the Client. The dispute shall be
resolved within 21 days from the date of notice of the dispute, or a longer period as agreed to by both Parties.
19. TERMINATION FOR CONVENIENCE
Upon five (5) days written notice to the Customer, ConeTec may, without cause or prejudice to any other right or remedy
of ConeTec, elect to terminate this Agreement in whole or in part.

PROJECT NAME & LOCATION: ____________________________________________________ DATE: ________________

CONETEC INC. CUSTOMER

Per:_________________________________________ Per:__________________________________________
Petroleum Storage Tank Trust Fund Work Plan Approval Application and Agreement
for Workplan No. OLF-2

Facility Name: Rally Stop #8, Address: 10 E Center Street, Panguitch, UT
ID No. 6000053
Release ID OLF (“Release”)
Owner/Operator, responsible party or other person seeking PST Fund reimbursement: Jenkins Oil (“Claimant”)
Certified Consultant or other person performing remedial action concurrently with this Work Plan under the
supervision of a certified consultant Rockwell Solutions, Inc. (“Contractor”)

In submitting Work Plan OLF-2, for the above referenced Release OLF 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.
“Executive Secretary” means the Executive Secretary of the Solid and Hazardous Waste Control Board (UST).
“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, the Executive Secretary of the Solid and Hazardous Waste Control Board
(UST) 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: David S. Hansen

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. See Utah Code
section 14-2-2. The Claimant acknowledges and agrees that the Fund will not reimburse the Claimant for
such Subcontractors’ claims for payment against the Claimant if the Fund has already made 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. requests that PST fund reimbursement checks be made jointly to the Claimant, the Contractor and
to the Subcontractors designated by the Parties, but waives all claims and remedies against the
State if the Fund checks are not made as described above, or;
c. 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: Rockwell Solutions, Inc., Agreement for Professional Services Contract
between Jenkins Oil and Rockwell Solutions, 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 Fund in the execution of this Work Plan, except to the extent provided by a contract
signed by the Executive Secretary. Instead, the Claimant’s reimbursement is governed by the Utah
Underground Storage Tank Act and the Utah Underground Storage Tank Rules and the Contractor is entitled
to reimbursement solely under the contract he has 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)(5). The Contractor represents that certificate of insurance
documenting the required insurance is attached or that a current certificate is on file with the Executive
Secretary 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 Fund shall be limited to amounts that are customary, legitimate,
reasonable and consistent with R311-207. Unless the Parties and the Executive Secretary have entered into a