DERR-2024-006264

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]
April 18, 2024

Mr. Steve Dal Soglio
Dal Soglio Distributing Company
7398 South 700 West
Midvale, Utah 84047

Re: Addendum 2, Groundwater Extraction and Sampling (LUR-22)
Dal Soglio Distributing Company, 7398 South 700 West, Midvale, Utah
Facility ID: 4001314 Release ID: LUR

Dear Mr. Dal Soglio:

Rockwell Solutions, Inc. submits this work plan and budget addendum to cover all corrective action
activities as per work plan LUR-22 at the above referenced site.

The duration of the CalClean extraction event was extended to approximately 75 days.

For Amendment 2, Rockwell Solutions requests an additional $12,450.00 to cover the final charges for
LUR-22. The charges are customary, reasonable, legitimate, and directly related to the work tasks
performed, including remediation services, remediation oversight, groundwater monitoring and
effluent sampling for South Valley Water Reclamation.

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: Kevin Beery, DERR
Petroleum Storage Tank Trust Fund Work Plan Approval Application and Agreement
for Work Plan No. LUR-22, Amendment 2

Facility Name: Dal Soglio Distributing Company, Address: 7398 South 700 West, Midvale, Utah ID No. 4001314
Release ID LUR (“Release”)
Owner/Operator, responsible party or other person seeking PST Fund reimbursement Dal Soglio Distributing Company
(“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 LUR-22, Amendment 2, for the above referenced Release LUR 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 Dal Soglio Distributing Company 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