DERR-2017-013881 - 0901a068807eacfb

Petroleum Storage Tank Trust FundWork Plan Approval Application and AgreementWork Plan No.__________, Amendment No. __________Facility Name: ____________________________________Address:
_________________________________________Facility ID No.: ____________________________________Release ID: _______________________________("Release")Owner/Operator, responsible party,
or other person seeking PST Trust Fund Reimbursement: ___________________________________________________________________("Claimant")Utah-Certified UST Consultant: ________________________________________("Contractor")In
submitting Work Plans_______________________ and amendments thereto for the above referenced Release ___________ 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.
The key personnel, for which qualifications are submitted under R311-207-3(c), are: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The Claimant acknowledges that the Claimant is required to obtain a payment bond from the Contractor under Section 1421 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 1422). 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 payment to the Claimant or Contractor. The Claimant understands that the premium paid for a payment bond is reimbursable.
Therefore, the Claimant:Has required the Contractor to obtain 100 percent payment bond through a United States Treasury-listed bonding company, and attached a copy, or;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: ______________________________________________________________________________________________________________________________________________________________________________________________________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.The Parties agree that they will use a subcontracting method consistent with the requirements of R311-207.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.The Parties agree that payments from the PST Trust Fund shall be limited to amounts that are customary, legitimate, reasonable
and consistent with R311207. 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 Division Director approved change orders, if any.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.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.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. 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.Contractor_____________________________________________________________________Signature,
Printed Name, and DateClaimant______________________________________________________________________Signature, Printed Name, and Date