DERR-2025-001748

January 23, 2025

WORK PLAN: OIV-03

ADDITIONAL SUBSURFACE INVESTIGATION

K and C Trading Post (Sinclair)
161 East Main Street, Bluff, Utah
Facility ID #5000084, Release Site OIV

Submitted To: Mr. Vance Nielson
JVP, Inc.
P.O. Box 27
Bluff, Utah 84512

Copy To: Mr. Hong-Lei Tao
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
P.0. Box 144840
Salt Lake City, Utah 84114-4840

Dear Mr. Nielson:

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 monitoring well installation. A release of petroleum fuel
reported in September 2023. The release was reported based on failed automatic tank gauging results
and a tank tightness test. An initial subsurface investigation performed in February 2024 resulted in the
installation of four monitoring wells. In March or 2024 the entire fuel system was removed and replaced.
During this event impacted soil was excavated and hauled to a land-farm location for remediation.
During excavation work one monitoring well (MW-1) was destroyed. The proposed tasks in this work
plan are discussed further under work plan objectives. The attached budget outlines the anticipated tasks
to be performed and their associated costs.

The Utah Division of Environmental Response and Remediation (DERR) has assigned the Release Code
OIV for the project site. The DERR has determined that Release OIV is eligible for full coverage under
the Petroleum Storage Tank Trust Fund (PSTF).

Work Plan OIV -03
Additional Subsurface Investigation
K & C Trading Post (Sinclair)
Facility ID# 5000084, Release Site OIV

Underwood Environmental Consulting, Inc.
2

I. OBJECTIVES

The objective of work plan OIV-01 is to further characterize the subsurface in the vicinity of the reported
release. Four monitoring wells are proposed. Monitoring well MW-1 would be replaced with a new
“upgradient” well. Two monitoring wells would be installed near the existing artesian wells located in the
east and west portion of the site. One monitoring well would be installed south of the new UST basin.
Proposed soil borings are intended to characterize potential impacts both laterally and vertically. Monitoring
well placement is intended to further characterize groundwater impacts surrounding the UST basin while
confirming the groundwater gradient (flow direction). The information obtained from the additional
subsurface investigation would be used to determine in further action is necessary. The tasks proposed to
further investigate the release (OIV) are discussed below.

II. TASKS

Task 1: Work Plan and Budget Preparation

Includes file review, bidding process, preparation of work plan / budget and a draft sample plan.

Task 2: Site Reconnaissance, Meetings, GPR Survey and Utility Clearance

A site reconnaissance and Ground Penetrating Radar (GPR) Survey will be conducted prior to drilling.
Meetings and/or inquiries will be held with the public works department and the fuel system operator in
order to determine underground utility and infrastructure locations both on site and adjacent to the site. A
“blue stakes” notification would be made prior to these activities. Each proposed boring / well location
would be cleared during the GPR Survey while identifying private utility lines and laterals, to the extent
practical. This information will be used to identify the most feasible locations to drill and install monitoring
wells.

Task 3: Exploratory Soil Borings, Monitoring Well Installation, Well Survey and Tie-in, Artesian
Well Sampling and Groundwater sampling from all existing Monitoring Wells.

The investigation sample plan (subject to change) includes the installation of four exploratory soil borings
surrounding the UST basin, all of which would be converted to 2-inch diameter monitoring wells. Each
drilling location would be daylighted using hand augering techniques to a depth of four (4) feet below grade.
The spoils produced from daylighting and the drill cuttings would be containerized and disposed of
properly.

Direct Push Technology (DPT) would be utilized to advance soil borings such that continuous sampling
may be possible to the depth of each boring. Soils will be logged by a professional geologist, screened with
a photoionization detector (PID) and appropriate intervals selected for laboratory analysis. Soil sample
intervals selected for the laboratory would be analyzed for petroleum hydrocarbons (MTBE, BTEXN, TPH-
GRO, and TPH-DRO).

Work Plan OIV -03
Additional Subsurface Investigation
K & C Trading Post (Sinclair)
Facility ID# 5000084, Release Site OIV

Underwood Environmental Consulting, Inc.
3
The groundwater monitoring wells would be screened across the water table. Well screen depth would be
based on field observations made during the drilling/sampling process. Each well would be developed to
remove fines from the casing and filter pack. Relative top of casing elevations would be established for
each well by differential leveling using laser survey equipment.

Groundwater sampling would be conducted approximately one to two weeks after well development to
allow the newly installed wells to equilibrate. All seven existing and new monitoring wells and two onsite
artesian wells would be sampled using standard operating procedures. Groundwater samples obtained from
the wells would be analyzed for petroleum hydrocarbons (MTBE, BTEXN, TPH-GRO, and TPH-DRO).
Task 2 will require two separate mobilizations.

Task 4: Subsurface Investigation Report

Following review of the field and analytical data, a subsurface investigation report would be prepared. The
report would include summarized analytical results, site map(s), boring/well logs, and narrative with
recommendations, as appropriate.

A detailed cost estimate for the proposed work is attached. Petroleum storage tank (PST) fund payment
claims would reference the approved work plan and portions of work completed.

III. OPINION OF COSTS

The work plan budget is based on the established DERR - PSTF rates. An opinion of probable costs for the
tasks proposed in this work plan is $44,632.89. 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

Attachments: Draft Site Map with Proposed Borings / Wells
Proposed Budget Work Plan OIV-01
Bid Package and Results
PST Fund Work Plan Approval Application and Agreement
Additional Subsurface Investigation
K and C Trading Post (Sinclair), 161 East Main St, Bluff, Utah
Work Plan OIV-03, Facility ID 5000084
Task 1 - Work Plan Development
LABOR
Hours Title Code Description Rate Total
1 Work Plan Preparation --DERR Fixed Fee - Addditional Subsurface
Investigation 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 - Blue Stakes, GPR Survey and Utility Clearance
LABOR
Hours Title Code Description Rate Total
2 Senior Proj Manager 101
Project Oversight and Management, Client
and Regulatory Interface 152.00$ 304.00$
6 Project Manager 103
Coordination, Scheduling, Planning, Blue
Stakes Process 118.00$ 708.00$
14 Project Manager 103 Travel (680 miles Round Trip)118.00$ 1,652.00$
4 Project Manager 103
Meetings and Correspondence w/ Client,
Utility Company Reps, Bluff City Public
Works 118.00$ 472.00$
4 Field Scientist 104
Mark Boring Locations, Confirm Blue
Stakes, Utility Locating / Direct GPR Survey 101.00$ 404.00$
4 PSTF Specialist 108
PSTF Monthly Claim Prep, Invoice
Verification, Accounting 71.00$ 284.00$
4 Admin Assistant 109 Clerical, Accounting 56.00$ 224.00$
Subtotal 4,048.00$
SUBCONTRACTORS
Item Quantity Unit Rate Total
Utility Locator / GPR Survey 1 Per Bid 2,400.00$ 2,400.00$
Subtotal 2,400.00$
OTHER DIRECT COSTS
Item Quantity Unit Rate Total
Per Diem 3 Day 45.00$ 135.00$
Lodging 2 Nights 160.00$ 320.00$
Mileage 680 Miles (one mobilization round trip)0.670$ 455.60$
Subtotal 910.60$
Task Total 7,358.60$
Page 1 of 3
Additional Subsurface Investigation
K and C Trading Post (Sinclair), 161 East Main St, Bluff, Utah
Work Plan OIV-03, Facility ID 5000084
Task 3 - Soil Borings, Monitoring Well Installation, Well Survey, Development and Sampling GW and Artesian Wells
LABOR
Hours Title Code Description Rate Total
6 Senior Proj Manager 101
Project Oversight and Management: Direct
work activities, Oversight of project budget,
review PSTF payment voucher packages,
site assessment planning 152.00$ 912.00$
4 Project Manager 103
Coordination, Scheduling, Pre-Field
Documents 118.00$ 472.00$
4 Field Scientist 104
Pickup sample supplies and barricades,
return barricades to vender at end of project
(81 miles)101.00$ 404.00$
14 Project Manager 103
Travel for Drilling Event (680 miles Round
Trip)118.00$ 1,652.00$
20 Project Manager 103
Project Supervision: Assume 2 days;
Daylighting, Logging, Soil Sampling, Well
Installation Oversight 118.00$ 2,360.00$
6 Project Manager 103
Lazer Survey- Survey New Well TOC
Elevations, Tie In to Existing Wells, Site
Mapping
8 Field Scientist 104 Well Development 101.00$ 808.00$
2 Field Scientist 104
Chain of Custody and Sample delivery to
Lab (73 miles)101.00$ 202.00$
14 Field Scientist 104 Travel for GW Monitoring Event (680 miles)101.00$ 1,414.00$
10 Field Scientist 104
Groundwater Monitoring: DTW Meas,
Purge, Sample 7 MWs and 2 Artesian
Wells 101.00$ 1,010.00$
2 Field Scientist 104
C-O-C, Lab delivery for GW Samples (73
miles)101.00$ 202.00$
6 PSTF Claim Specialist 108
PSTF Monthly Claim Prep, Invoice
Verification, Accounting 78.00$ 468.00$
6 Admin Assistant 109 Clerical, Accounting 62.00$ 372.00$
Subtotal 10,276.00$
SUBCONTRACTORS
Item Quantity Unit Rate Total
Drilling Contractor (ET Technologies)1
Per Bid: Daylighting, 4 soil boring /
monitoring wells 12,480.00$ 12,480.00$
TBD Daylight Cuttings Disposal 1 estimate (assume clean)400.00$ 400.00$
Interstate Barricades 1 estimate for barricade rental 250.00$ 250.00$
Lab Soil Analysis 16 MBTEXN/GRO/DRO (8260B, 8015C)85.00$ 1,360.00$
Lab Groundwater / Artesian Water
Analyses 9 MBTEXN/GRO/DRO (8260B, 8015C)85.00$ 765.00$
Subtotal 15,255.00$
OTHER DIRECT COSTS
Item Quantity Unit Rate Total
PID 2 Day 95.00$ 190.00$
Sampling Supplies /Disposables 3 Day 25.00$ 75.00$
Water Level Meter 2 Day 25.00$ 50.00$
Bailers 14 Each (Well Development and Sampling)9.00$ 126.00$
Traffic Safety Delineators 4 Days 15.00$ 60.00$
Laser Survey Equip.1 Day 50.00$ 50.00$
Per Diem 7 Days 45.00$ 315.00$
Lodging 6 Nights 160.00$ 960.00$
Mileage 1587 Miles (two mobilizations, two lab deliveries,
barricade pickup and drop-off)0.670$ 1,063.29$
Subtotal 2,889.29$
Task Total 28,420.29$
Page 2 of 3
Additional Subsurface Investigation
K and C Trading Post (Sinclair), 161 East Main St, Bluff, Utah
Work Plan OIV-03, Facility ID 5000084
Task 4 - Reporting
LABOR
Hours Title Code Description Rate Total
2 Senior Project Manager 101
Senior Technical Review, Regulatory and
Client interface, Review PSTF Claim 152.00$ 304.00$
18 Project Manager 103 Boring Logs, GW Gradient Calcs 118.00$ 2,124.00$
8 Field Scientist 104 Compile Data, Data Tables Preparation 101.00$ 808.00$
30 Project Manager 103
Report Preparation: Combined Subsurface
Investigation, Groundwater Monitoring and
Artesian Well Sampling Reports 118.00$ 3,540.00$
2 Professional Geologist 102
Review Documents per DOPL
requirements, PG Stamp 147.00$ 294.00$
4 PST Claims Specialist 121 Final PST Claim Prep 78.00$ 312.00$
6 Admin Assistant 123 Publishing, Mailing, Office Management 62.00$ 372.00$
Subtotal 7,754.00$
SUBCONTRACTORS
Item Quantity Unit Rate Total
None Anticipated Subtotal -$
OTHER DIRECT COSTS
Item Quantity Unit Rate Total
None Anticipated Subtotal -$
Task Total 7,754.00$
GRAND TOTAL 44,632.89$
Page 3 of 3
Underwood Environmental Consulting, Inc.
9475 N. Silver Creek Road  Park City, Utah 84098  Phone [phone]  Fax [phone]
__________________________________________________________________________

REQUEST FOR BID December 4, 2024

Soil Borings - Soil Sampling - Monitoring Wells

SITE: K and C Trading Post (Sinclair)
161 East Main St, Bluff, Utah
Facility ID #5000084, Release Site OIV

SCOPE: Soil Borings: Furnish labor, equipment, and material for the installation of four (4) exploratory soil
borings to approximately 25 feet below grade. Core concrete/asphalt surface at four locations to
accommodate well vault box. To protect utilities, and other subsurface features, each boring/well
location must be cleared by daylighting using water-knife or hand auger methods to at least four (4)
feet below grade. Collect continuous soil samples to total depth of boring. All boring locations shall
be converted to 2-inch diameter monitoring wells.

Monitoring Wells: Furnish labor, equipment, and well materials for the installation of four (4)
monitoring wells to approximately 25 feet below grade. Core concrete or asphalt to appropriate
diameter. Provide and install 10 feet of 0.02 inch slot, pre-pack, screen, 15 feet blank casing,
locking well caps, sand pack, and bentonite seal, as appropriate. Provide four, 8-inch diameter,
Emco Wheaton, or equivalent, vault boxes and concrete for surface completions at grade.

Daylighting spoils and drill cuttings to remain on-site 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 four (4) boring/well locations.

SUBSURFACE CONDITIONS:

Silt, Clay, Silty Sand and Sand. Hydrocarbon odors likely. Direct-push with Hollow Stem Auger
capability is the recommended drilling method.

BID FORMAT: Unit Pricing (please use your own Contractor’s bid proposal format).
Please direct any questions you may have to: Earl [phone].
Submit Bid via email to: Earl -- email: [e-mail]
(No later than 5:00 PM, Friday, December 20, 2024).

LEGEND
approx. scale in feet
one inch ~ 30 feet
00 3015
K & C Trading Post (Sinclair)
161 E Main Street
Bluff, Utah
Facility ID # 5000084
Release Site OIV
NORTH
Overhead Power
Artesian Well
Landscape
Gravel
Gravel
Asphalt
Asphalt
Asphalt
W W W W WW W W W W W WWWW
C C C
C
C
C C
C
C C CC CCCCC
w w wSDSDSDSDDiesel AST
K & C Store
Canopy
Concrete Pad
Sign Sign
Hotel
Recapture
Lodge
Water Line / MeterW
(Utility Locations Approximate)
P Underground Power
Storm DrainSD
CommunicationsC
2-in Monitoring Well
Proposed 2-in Monitoring Well
FIGURE 3
Underground Utilities
D
R
A
F
T
MW-1
MW-2
MW-3
MW-4
Former UST
HWY 191
SITE MAP
K & C Trading Post (Sinclair)
161 East Main Street
Bluff, Utah
Facility ID# 5000084
Release OIV
Photo Documentation - March 2024 Abatement
Pg 5
April 1st 2024 resurfacing and UST install complete
April 1st Looking South

3110 W. California Ave., suite D
Salt Lake City, UT  84104
[phone]    ettechusa.com

Estimate
ESTIMATE #1038290629
DATE
PO #
CUSTOMER
Underwood Environmental
Earl Underwood
86 S Main St
Garland, UT,
[phone]

[e-mail]

SERVICE LOCATION
Underwood Environmental
K&C Trading Post
161 East Main St
Bluff, UT,
[phone]
[e-mail]
DESCRIPTION the below scope of work:
- four (4) soil borings to approximately 25 ft bgs
- Continuous soil sample
- each boring must be cleared via daylighting with hydro excavation or hand auger
- Install 2" monitoring well with 15 ft of 0.02-slot screen and 10 ft of blank casing
- Flush mount surface completion with road rated monument and concrete pad
- IDW to remain onsite as directed
Estimate
Description Qty Rate Tax Total
Drill Crew
Operator + Helper
2.00 $2,600.00 $0.00 $5,200.00
Site Mobilization/Demobilization 1.00 $2,000.00 $0.00 $2,000.00
Equipment Decontamination
Daily
1.00 $250.00 $0.00 $250.00
Soil Sample Liners 20.00 $8.00 $0.00 $160.00
Drums 1.00 $150.00 $0.00 $150.00
Monitoring Well 4.00 $900.00 $0.00 $3,600.00
Per Diem 4.00 $280.00 $0.00 $1,120.00
Private Utility GPR Subcontractor 1.00 $2,400.00 $0.00 $2,400.00
CUSTOMER MESSAGE  Estimate Total:$14,880.00
20-1339913 | www.directpushservices.com
Direct Push Services LLC
PO Box 25784
Salt Lake City, UT 84125
[phone]
[e-mail]
Estimate
ADDRESS
Earl Underwood
Underwood Environmental
9475 Silver Creek Rd.
Park City, UT 84098
ESTIMATE #240394
DATE 12/16/2024
EXPIRATION DATE 03/31/2025

P.O. NUMBER SALES REP
Bluff 4b Direct Push Sean Bromley
DATE ACTIVITY QTY RATE AMOUNT
Mob/Demob Drill rig and support trucks with Vac and well
materials.
1 2,500.00 2,500.00
7822 DP Rig with auger option to set wells as needed.2 2,250.00 4,500.00
Decon 2 350.00 700.00
Coring Concrete/Asphalt for Flush mounts.4 110.00 440.00
MC 60 in PVC liner 16 15.00 240.00
Daylighting/Hand Auger 4 450.00 1,800.00
GPR Utility Locating 1 3,100.00 3,100.00
Per diem 2 650.00 1,300.00
2" monitoring wells with 10' pre-packed screen, 15' riser,
sand, bentonite,
4 1,300.00 5,200.00

Bid Specs Attached. Direct Push Only
Assume Mob 1 day prior. GPR, Vac, and begin drilling day 1. Day
2 complete drilling and demob.
TOTAL $19,780.00
Accepted By Accepted Date
Price Quotation
Contact:Earl Underwood Quote No.:O-24-60-24433
Firm:Underwood Environmental
Address:9475 Silver Creek Rd.
Park City, Ut 84098
Telephone:[phone] Cell:[phone]
E-mail:[e-mail]
Date:12/16/242
Site:K and C Trading Post, Bluff Utah
PROJECT SCOPE
The following outlines our understanding of the scope of work:
● Drill four (4) borings to a depth of 25 feet or refusal using standard ODEX drilling techniques.
● Sample continuous on 2 ft intervals as directed by field personnel using conventional split-spoon and Shelby
Tube samplers.
● Daylighting or hand auger will be needed on all locations to a depth of 4 ft.
● All of the locations will be completed with monitoring wells. The wells will be constructed with 10 feet of 2 inch
diameter pre-packed well screen, followed by 15 feet of 2 inch diameter well casing. The borehole annulus will be
backfilled with silica sand to 2 feet above the top of the screen, followed by bentonite chips to the surface.
● The wells will be completed with 8 inch flush mount well cover placed inside a 2 ft concrete pad.
● All equipment will be decontaminated between borings.
● All left over cuttings can be spread out around site.
● All locations will have to be cored large enough for the well vaults to be place inside concrete.
● The boring locations are accessible to our track mounted rigs and support trucks with no overhead restrictions.
PROJECT COSTS
The following tables outline our unit pricing for performing the scope as outlined above.
Rate Unit Est. Qty.Est. Total
5,000.00$ LS.1 5,000.00$
Daily Crew Travel To/From Site (when rig left on site)185.00$ Hr.6 1,110.00$
375.00$ Hr.28 10,500.00$
250.00$ Day 3 750.00$
Drill Rig Standby and Moving 300.00$ Hr.2 600.00$
Compressor 400.00$ Day 3 1,200.00$
Steam Cleaner 150.00$ Day 3 450.00$
20.00$ Ea.12 240.00$
Silica Sand (20# Bag)25.00$ Ea.28 700.00$
Concrete (80# Bag)15.00$ Ea.4 60.00$
2"x5' Sch 40 PVC Pre-Pack Well Screen 150.00$ Ea.8 1,200.00$
2"x10' Sch 40 PVC Well Casing 72.50$ Ea.4 290.00$
2"x5' Sch 40 PVC Well Casing 62.50$ Ea.4 250.00$
2" Thread Bottom Cap 23.50$ Ea.4 94.00$
2" Locking Top Cap 29.50$ Ea.4 118.00$
Bentonite Chips (50# Bag)
Track Mounted ODEX Rig
Item
Mob/Demob
Drilling, Sampling and Install
Drilling Support Trucks
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%.
Underwood Environmental Quote No.: O-24-60-24433
December 16, 2024 Page 2 of 2
PROJECT COSTS - continued
Rate Unit Est. Qty.Est. Total
8" Flush Mount Well Cover 125.00$ Ea.4 500.00$
Core Machine and Generator 475.00$ Day 3 1,425.00$
ODEX Bit Wear Charge 13.50$ Ft.100 1,350.00$
Daylighting Services 3,000.00$ Day 1 3,000.00$
500.00$ Day 3 1,500.00$
30,337.00$
1,516.85$
31,853.85$
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%.

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. OIV-03, Amendment No. ___

Facility Name: K & C Trading Post

Address: 161 East Main Street, Bluff, Utah

Facility ID No.: 5000084

Release ID: OIV ("Release")

Owner/Operator, responsible party, or other person seeking PST Trust Fund Reimbursement:
Vance Nielson ("Claimant")

Utah-Certified UST Consultant: Underwood Environmental Consulting, Inc. ("Contractor")

In submitting Work Plans OIV-03 and amendments thereto for the above referenced Release
OIV 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 Vance
Nielson (JVP, Inc) 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.