Utah Admin. Code R311-207-4 - Submission Requirements for Requests for Reimbursement of Claims Against the Petroleum Storage Tank Fund

(1) To receive payment from the Petroleum Storage Tank Fund, a claimant must submit a request for reimbursement to the director.

(2) The request for reimbursement must be on the form provided by the director.

(a) the form must be properly completed and signed by the claimant and include invoices and other appropriate documentation.

(3) Reimbursement will be on a time and material basis as approved in advance by the director.

(4) Costs for time and material reimbursement must be itemized at a minimum to show the following:

(a) amounts allocated to each approved work plan budget;

(b) employee name, date of work, task or description of work, labor cost and the number of hours spent on each task;

(c) sampling, reporting, and laboratory analysis costs;

(d) equipment rental and materials;

(e) utilities;

(f) other direct costs; and

(g) other items as determined by the director.

(5) Itemized expenses must state the full name and address of the company or contractor providing materials or performing services.

(6) Expenses for time and material reimbursement shall be documented on a monthly basis, or as otherwise directed by the director, with a copy of the original bill provided to the director by the claimant.

(a) the claimant shall provide documentation that claimed costs and associated work were reasonable, customary, and legitimate in accordance with Section R311-207-5 and Subsection R311-207-4(8).

(7) For time and material reimbursement, before receiving payment under Section 19-6-419, the claimant must provide proof of past payments for services or construction rendered, in a form acceptable to, or as directed by, the director, unless the director has agreed to other arrangements.

(a) the responsible party remains primarily liable, however, for costs incurred and should obtain lien releases from the company or contractor providing material or performing services.

(8) For time and material reimbursement, documentation of expenses for construction or other services provided by a subcontractor retained by a consultant or contractor must include one or more of the following items:

(a) a minimum of three competitive bids by responsive bidders. For a bid to be competitive:

(i) two of the bids must be from bidders who are not related parties;

(ii) bids must be submitted on the appropriate standardized Bid Summary form in accordance with the "Cost Guidelines for Underground Storage Tank Sites" document dated June 3, 2021, which is incorporated by reference;

(iii) the bid specifications shall contain a clear and accurate description of the technical requirements for the material, product or service and shall not contain features which unduly restrict competition; and

(iv) the bid specifications shall include a statement of the qualitative nature of the material, product or service to be procured, and, when necessary shall set forth those minimum essential characteristics.

(b) sole source justification; or

(c) other documentation as required or requested by the director to document expenses are reasonable, customary, and legitimate.

(9) In accordance with Section 19-6-420, the director may not authorize payment from the Fund for services provided by consultants, contractors, or subcontractors which are not in compliance with the requirements of Rule R311-207 or any other applicable federal, state, or local law.

(10) Any third party claims brought against the responsible party or any occurrence likely to result in third party claims against the responsible party as a result of the release must be immediately reported to the State Risk Manager and to the director.

Notes

Utah Admin. Code R311-207-4

Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021 Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022